Has anyone won ExParte?


#1

Dear D G:

Yes, I have won an exparte custody order before. Yes, you still will have to push forward on temporary and permanent custody. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Hi there,
My husband’s ex was just granted an Ex-Parte after he picked up his daughter. He has custody and was legally bound to leave her with her mother while he deployed to Guantanamo Bay (since that would be taking her out of the country and make it impossible to enforce visitation). Now that he’s back in the States, he brought his daughter back to his new home here in CA. Mom went before a judge in NC (where she was living with the child while he was out of the country) and spewed absolute lies and was granted an Ex-Parte. As our lawyer explains, the Ex-Parte is only temporary - kind of the judges way of saying “we all need to talk, NOW.” However, because it is a temporary, one-sided hearing, you can basically say whatever you want… which is what she did. Now she is facing contempt of court and lying under oath for lying to the judge and falsifying paperwork she used to get the Ex-Parte. So, while she got her moment of victory and temporary custody, it is only the very beginning of a chain of events that will determine the actual outcome in custody, and whether a permanent change of custody will even occur. Next is the hearing where the parent you took custody from will submit a response to your motion, so I’d have your facts in order and be prepared for this. In our case, we’ve been told our response to the motion is so damning that the mother may lose secondary custody entirely.
So basically, before you can pursue a permanent change to full custody, you must address the temporary custody grounds with the judge in that hearing. So, you haven’t “won” custody yet, and the ex hasn’t “lost” custody yet. This is just a temporary situation the judge imposes, and it’s based on statements, not actual evidence of those statements. It’s like the first step in the walk.
In your Ex-Parte, it should have listed a follow-up hearing date.


#3

Wouldn’t a child of a certain age have anything to say in the matter? I would think a 15-16 year old (unless handicapped in some way) could make their own wishes known and that would carry weight with the judge.

I just dropped in to see what condition my condition was in.


#4

groovin - yes, older children do have some say in the matter.

However, the child in our case is in first grade. And, even an older child may be prevented from making the decision they want if the parents can show that the child’s preferred living choice is not a safe one (ie, they want to live with the parent that doesn’t have a steady job, has a history of drug use, etc)…


#5

Dear grooving2music:

Sure a teenager’s opinion counts, but when you have a rebellious teenager that has one parent that allows them too much freedom, who do you think they want to live in. It is only a factor and their opinion/desires are not binding on a judge.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

Has anyone out there won an exparte custody order? We were just awarded temporary custody and do not have to pay anymore child support for my stepson. While I realize this custody order is for temporary custody, what can I expect next? Do we have to file for a permanent order or does the EX who lost custody (she does not have an attorney) file? I was told, we can keep this out of court for about two years and by that time my stepson will be 18 and it won’t matter.