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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116815
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have been involved with a child dependency case since February

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I have been involved with a child dependency case since February 7,2012 my trial court ruled infavor for CPS. I appealed to the higher court and the Appellate Court Reversed my trial court's ruleing Nov12,2013 My son is still not home with me 5Days Later. How much time does the trial court have to return my child's placement to me? I have prepaid an Ex Parte Order i plan to submit to the trial court first thing in the morning but i want to add a time frame to my order modifying placement 24hr's or 48hr's just so the judge cant just let this sit on his desk for awhile. Again How much time does a trial court have to return my son home?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You said the court of appeals reversed the ruling, did they throw it out or did they send it back to the lower court for another hearing?
Customer: replied 3 years ago.

Cause Remanded

Thank you for your reply.

If the case was remanded, this means that your case was sent back to the court to be scheduled for another trial, which means the child will not be returned until another trial is held I am afraid. The appeals court ruling simply cancelled the verdict and this means you need to have your attorney go back to court and fight back in the lower court for the custody of the child to be returned. They do not have to return the child though until they rehear the case on the remand.

Also, the state has 30 days to appeal the remand if they choose to do so or set a new trial.

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