When a temporary custody becomes Permanent?


#1

One year ago one judge gave me a temporary primary custody and than she moved to a criminal court. A new judge seems careless to understand the previous Judge’s court order. He simply said I don’t know what the Judge mean( refering to pay child support and PSS) because of the temporary order. My exh likes that! So now, after 2 years of me having a temporary primary custody and the temporary order, my exh dicided to set a hearing for a permanent custody with a new Judge. I have a temporary primary custody scince 2007 and I am Ok as it is, the word temporary doesn’t bother me. I know that base on the case law if you didn’t set a hearing on Permanent custody after one year then a temporary custody becames a permanent. And to change a primary custody you have to file a motion for modification if you “show a sustantial change in circumstances in a child’s life…” So if my Ex did’t file for a Permanent custody until now is that means that my temeporary custody now is permanent? And to change that he needs to file a Modification? What are my chances to keep a primary custody? Can I request to change a Judge?


#2

Temporary orders only become permanent after a stated amount of time if the order specifically states that it becomes permanent. If not you will have to proceed with a hearing on permanent custody.
While temporary orders are considered non-prejudicial to either party that doesn’t change the fact that the children have been residing with you since 2007. If the children are thriving in their current environment, it would make sense that your continuation as the primary custodian would be in their best interests.
Unfortunately you cannot request a new judge.


#3

Before, we had a domestic violence protective order that why the judge gave me the custody. By now, the protective order is expired. If my Ex reguest for shared legal custody but with living arangments stay as now. Do you think that because we don’t have a protective order my Ex has a good chance to get a share custody? We don’t talk or communicate with each other. He refused to pay a child support. And I think if he gets a shared custody that would bring us to court everytime when we need to make a dicission. How the Judge might rule base on that fact or he does’t care to see us in court more often? Thank you.


#4

If the custody provisions were contained in the DVPO they have expired as well. Normally courts do award joint legal custody, which gives you both a voice in making major decisions for the children, it is separate and distinct from the physical custody arrangement.
In cases like yours a judge may decide that joint legal custody is not appropriate as the two of you do not communicate.