Temp Custody Q & sample parenting agreement


#1

My wife, plaintiff, just dismissed the Temp Custody hearing that was scheduled for tomorrow. She filed requesting full custody, how does her dismissal impact her or me going forward? The kids are currently residing with me and she has refused to take them overnight since she has not secured residence and living like a nomad among friends and acquaintences. She is hoping, degree of miracle, to get the house in ED, but we will definitely need to sell to settle, since it is titled/mortgage in my name only and she will not be able to secure mortgage.

We are actively working through mediation, could you direct me to a sample parenting agreement on your website? I want to see a sample to make sure I am covering all bases like legal & med decisions, school & camp permission slips/fees, in addition to the standard visits, vac/holiday.
Gracias, Felix


#2

She cannot dismiss a scheduled hearing. Did she maybe continue the same because you have an upcoming mediation?

I believer there are example agreements in our custody section, if not they are available on the DIY site.


#3

Erin,
It says in the NOTICE OF VOLUNTARY DISMISSAL Other Temporary CC/CS:
The Plaintiff gives notice of voluntary dismissal without prejudice along with plaintiff only voluntarily dismisses w/o prejudice her claims for temporary child custody and temporary child support.
Is this a continuance?

We are scheduled on Monday for mediation… so if we do not find resolution in mediation then we go back and get a court date for CC/CS??
G-Felix


#4

She has dismissed her claim for temporary custody, however if you have a claim pending for those temporary claims the hearing should move forward.

If you do not settle in mediation, you can request a court date for CC/CS.