Temporary custody vs permanent


#1

I am due to got to court with my x in 2 weeks. I am taking her to court to get my 2 kids because they are in an unstable environment with her. We are reversing the custody to where they will be with me 60% of the time. We may be coming to terms but it is not permanent. It is temporary, there is no time frame listed for the temporary. We already had a trial period this summer and I still have had the kids now. My x thinks we need a trial for the beginning of the school year.
What am I suppose to do after 9 weeks?
Do we have to turn these into permanent and set another court date? or should we just wait for the year time period until they automatically revert to a year?

By having these temporary papers can my x take the kids back at any given point until they are permanent? Please advise…


#2

You should schedule the matter for trial in order to ensure you retain custody. If the children are with you now pursuant to a temporary order you are in the clear for now, and normally (unless the order states otherwise) a temporary order becomes permanent after the passage of one year. Though if your ex is unstable and the environment she provides is not safe you will want to consider having the court make findings of fact on those issues for the court’s record.