Temp custody order

North Carolina Divorce Law Divorce and Separation Answers
1

August of 2008 we went to court and done a temp order on custody and visitation. We are divorced and have been for quit some time. I would like to know and understand a few things.

I have been trying to talk to him about doing a new order because my attorney either wants to con’t on with finishing things or closing the case. Here are my questions.

  1. When is the 1 yr mark up on the temp order, for when it become’s the permantent order?

  2. Can an attorney close a case without telling me?

  3. How long is an attorney allowed to keep a custody/visitation order opened?

  4. Should I just have the attorney draw up papers and submit them in the courts?

2

Is there an attorney that can answer my question?

3

The order may become permanent one year after the date the order was entered.
Your attorney may close his or her file related to your case, but may not dismiss your court case without your consent.

4

Question – why does Wake County indicates clearly, Time limit of temporary order is one year, and a hearing should be conducted? Also, why is the type of order is “termed Temporary”?? I dont think anyone can make anything permanent without due process of full trial and hearing… Can you please clarify?

Also, what happens if case gets dismissed if there is temporary order? Court informs all parties that case was dismissed, and closed

Thanks

5

The Wake County local rules may indicate that a temporary order expires after one year, however a judge’s order will override the local rules if a judge decrees that a temporary order becomes permanent after one year. A judge may make a ruling that a temporary order becomes permanent if neither party bothers to calendar the matter for hearing for a year in order to ensure a schedule is in place.
Temporary hearings ( and thus orders) are necessary to allow parents to have a judicial decree in the interim period between filing and the time it takes to get to a permanent hearing.
If both parties dismiss all claims the order is a nullity.

6

The case I was referring to happened after judges order case for trial. Plaintiff withdrew. Court dismissed case. But court must set trial if any party asks, and cannot make order permanent without hearing… and after dismissing cannot open without proper procedure etc…