Maybe the attorney has something to add, but I’ve read of people having temporary custody for years until the child ages out…
I would say that if you need to have court ordered primary custody for child support or other reasons, you would need to have a hearing set for it. You may need to hire another attorney or see if your previous attorney has someone that took over his cases.
The passage of time is what makes a temporary order permanent. You can continue to operate under a temporary order until either of you tries to go back to court to change it. If the other parent tries to go back to court on custody it would then be appropriate to argue that the passage of time has made your order permanent and the other parent must prove there has been a substantial change before it would be appropriate to change the order.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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.
Several years ago I was given temporary custody of my children due to drug use by the other parent. Both parents agreed in writing and temporary custody was ordered. We were never married. My lawyer said custody would automatically become permanent after 2 years if the other party did not object in the meantime. My lawyer then moved out of state. Is there something else I must now do to make this permanent?