Modify Temporary Custody Order


#1

A temporary order is not changed with a motion to modify, rather it is set on the court calendar for a permanent custody hearing. You may contact the clerk of court and have the trial set without having to prove any change in circumstances has occurred as you would with a modification of a permanent custody order.
Be sure to read the temporary order carefully, some of these orders do contain language which allows the order to become permanent after the duration of 1 year if the case is not set for trial by that time.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Thank you for the explanation. I also have another concern. I have read


#3

My understanding of this issue is that a child born to a marriage shall have the surname of his father whom it is rebuttably presumed to the father. You should contact vital records to determine next steps as far as getting the birth cerficate reissued. I do not believe you will have to go as far as to file a motion with the court, however in the event you do; you seem to have all the evidence necessary to prove you are the father.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

Thank you again. Before my child was born, my stbx & I obtained reciprocal 50b orders against each other. The order was modified at the temp custody hearing to allow us to have email communication pertinent to the welfare of our child. Now, my stbx wants us to see if we can get the 50b orders dropped before they expire mid-March. This is so we can continue to work things out (permanent custody & ED), and come to agreements outside of court. Would a Judge just laugh at this?


#5

There are cases in which judges will drop these types of orders, however I do not recommend that you take this route. If the two of you have a history of physical altercations, you may at some point in the future need to obtain another 50B against her, dropping and existing order court affect your safety in the future.

It may be that you and your soon to be ex are getting along because you are not having much contact. My advice is to continue to keep her at arms length for now. When the order does expire you may want to consider keeping your contact regarding property and custody in the form of emails. Don


#6

My stbx wouldn’t allow me to meet my child, and I had to file a custody suit. She wouldn’t agree to any schedule, but finally conceded to a temporary schedule the day of the hearing. This schedule is absolutley minimal, and I do not want this schedule long term. She is refusing to discuss any future changes to the custody schedule, and I will likely have to go back to court to get it modified. Do I file a motion to modify a temporary order? Is there a timeline by which I have to file it?


#7

Vital Records will not reissue a birth certificate without a court order. They say that if a husband is not at the hospital at the time of birth, it is assumed that there is agreement between husband and wife regarding the name of the child. Of course, I am not in agreement.

Getting a court order for a name change can be accomplished with this petition:

web.co.wake.nc.us/courts/documents/forms/minornamechange092605.pdf

However, I suspect my stbx will not agree to sign it. Per the form’s instructions, you will need an attorney if you cannot obtain consent. I have already calendared a permanent custody hearing. Could I argue for a name change at that hearing?


#8

The court will not hear matters that are not on the calendar for trial and are not properly noticed. You will need to discuss this matter with your attorney and file a motion to have your petition for the name change heard at the time of the custody hearing.