My sister in law has a 2 year old temporary custody order (sole legal and physical). Neither party has moved to modify it. I have read that if it doesn’t specifically state that it converts to permanent order in a particular time frame then it remains temporary.
My question is: From all the case law I have researched, I see nothing over about 14 months where a temp order was considered still temporary when neither party moved to modify and nothing over 20 months where the parties were trying to agree to modifications.
At the 24 month mark, is it somewhat safe to say that a Judge would rule that the order is permanent and my sister in law’s ex would have to prove a substantial change of circumstance?
She just wants to be able to exhale at some point.
A temporary order will not automatically convert into a permanent order. It’s possible to file a motion to make the temporary order permanent based on the fact that it has been in existence for two years.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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