We received a temporary custody order and now the case closed with the temporary custody order still in place. How long is a temporary custody order good for?
A temporary custody order stays in place until a new order replaces it. Sometimes, a temporary custody order can be automatically “transformed” into a permanent order after 1 year since the entry of the temporary order.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Is there an option or a way to request another hearing before the temporary order becomes permanent? My x and I have a TCO that is VERY vague and only addresses Christmas/Easter/Thanksgiving holidays. It’s only been effective for 6 months and my x continues to attempt to intimidate me to “compromise” and change the details of the order. Neither of us are represented by an attorney, but I would really prefer we have a more detailed agreement so we could minimize our need to discuss/negotiate arrangements outside of the order for other scenarios like school closings, meeting places…etc. We never agree and I find I’m always the one compromising because I want to be with my daughter and he gives me no alternative.
Also second question - if we have joint legal custody; we alternate our custody every Monday.
My x has enrolled my daughter in 2 different daycare centers during his week without my consent/approval since the order became effective. Would he be considered in contempt since I didn’t agree for her to attend a different daycare??
You have several options in regards to your temporary order: (1) return to custody mediation, (2) calendar a trial date for another temporary custody hearing, or (3) calendar a trial date for a permanent custody hearing.
If the court order does not specifically say that both parents must agree on placement of daycare, then this is likely not a legal custody issue where he would be in contempt. Legal custody, unless defined otherwise in the court order, generally involves major decisions regarding the minor child’s health, education, and general welfare/wellbeing.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.