Temporary custody Order?


When I requested my son’s custody, after a hearing with the judge, I got Temporary Memorandum of Judgement/Order saying that I he was going to live with me and I was the primary decision maker, is that means that I have his physical and legal custody? If so, it’s been 10 months, so a permanent hearing needs to be schedule or this is permanent until any party ask for modification or my son is 18 years? Also, there was arrangements regarding his father’s visitations on this order that we verbally had agreed to change. do I need to do something about it?


Generally temporary custody orders do not specify legal custody. However, it is possible that your order can be interpreted to mean that you have primary legal custody since it says you are to be the primary decision maker. You have primary physical custody if your son lives majority of the time with you.

A new order can be entered that makes the temporary order a permanent order (using all of the same terms of the temporary order). Otherwise your order is still temporary if the heading on the order says “temporary.” In order to change some of the terms from the temporary order, you and the father can enter a permanent consent order unless you and the father disagree, then a hearing on permanent custody should be scheduled.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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