Child Custody


#1

When and under what conditions can a temporary child custody order that took place at trial be overturned? When can it be reconsidered?


#2

It cannot be reconsidered and is not appealable. I have seen temporary orders which have been modified upon a showing of a substantial change in circumstances which affect the child and have occurred after entry of the temporary order.


#3

Can you give me a example of substantial change after the entry? The order is set to go into effect in the next 2 weeks so can I ask for a modified change of custody before the change takes place?


#4

A substantial change is something that substantially affects the well being of the child, an example could be a parent developing a drug problem and endangering the child, or the child reaching school age. The change must be shown after an order takes effect.


#5

Would a substanial change relate to the time spent at daycare? I stay home at mom with my daughter but now that the judge award temp custody because we could not agree. Would a substanial change include the child being at daycare 12 hours out of the day when she could be with me? Or that the custodian parents work schedule changes frequently and he relies on me to pick up te child when he works lately?
How much or often would a judge like to see the change before a modification is filed?

If the temporary custody that is set to be reviewed, can the temporary child support
Be modifed before the permanent custody order?


#6

It could, but it sounds like the judge was aware of the day-care issue at the hearing, if so, that would not be a change. Temporary child support cannot be changed until the permenant hearing.


#7

Thank you. We had a temporary order in place for 3 months with me having primary custody. We then had a trial which I thought was a hearing for permanent custody. But the judge stated it was temporary and would review in a year. So will the judge set a permanent hearing?

Also since temporary custody has been changed twice, will child support change with this second temporary custody change or will the judge wait until the permanent hearing to change or modify child support? Right now my husband was paying me child support for the child but temporary custody was switched to him. Will I pay him child support and then the judge will review child support again at the final permanent hearing?


#8

The court will set the hearing eventually if neither party does so. If support was not addressed at the hearing it will not change until one of you sets a hearing to determine temporary child support.


#9

Ok, I am still a bit confused. I had temp primary custody due to a consent order that has been in place for about 4 months. Since we had a trial set on blue calender,the judge granted a temp primary custody order to be review in 12 months. I can file for a permanent hearirng before the 12 months? My understand was that a temporary order put in place at a trial could not be heard until the review date set by the judge?

Also my ex did not ask for primary custody at all but the judge award him custody. He stated the reason is because we could not agree. But is that a basis to lose custody for 12 months? How can I get this reviewed before the 12 month period set by the judge? The judge also stated he want to be the judge during the review, can I ask the court to assign a diffrent judge? The judge that is handling our case was very busy that day so he assigned a diffrent judge for the trial.

I just don’t know what recourse I have to get this reviewed. If I can do a appeal, review, recondsideration, anything. I don’t think I can file a modifcation just because it hasn’t been in place long enough to justify a change. I just do not want this to become a permanent order because the judge feels she is now in a stable enviroment after the year is up. She has been doing well with me since birth because my husband has deployed numerous times, traveled out of state every month, has no family in the state to help and sometimes works as early as from 4am-7pm which means she would be in daycare the whole time.

Once the opposing party does file a Motion to Modify child support, will the judge likely modify temporary child support to him since he now has temporary primary custody for 12 months due to the trial?


#10

If the judge set the review 12 months out, the case will not be reviewed until then, and permanent custody cannot be set. The judge ordered that the child live with your ex, the order will have findings of fact, stating the reasons why. You may not request a different judge. The order is not appealable. Child support may be changed upon motion by your ex.


#11

Thank you. We have decided to file a Motion for Mediation. This will be a mediation case that will be reopened after it was closed the first time. Can we come up with a parenting agreement or consent order after the judges decision, or must we wait until the review? What is the cost of mediation?


#12

There is no charge for mediation provided by the court. The judge will review any agreement reached by the parents, but I have not seen a case where a judge’s approval of the parent’s agreement was denied.