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Submitted 361 days ago...

lilagallegos

lilagallegos

New User (3)

Ex parte and temporary orders

I'm getting ready to file an order to show cause to change custody. My ex currently has custody on paper only. Our son has been living with me for 8 months. I'm requesting temporary custody so that my ex does not take him out of my home once she is served. I've heard that judges do not issue temporary orders unless the child is in danger if the current orders continue. Is this true? What does a judge look for when considering making temporary orders? There has been undocumented emotional abuse and threats to remove the child by my ex. She has also threatened to move son to another school district. Ex has put child's health in danger by lying about illnesses that were not present including giving child meds that were not prescribed. What can I do?

 
 
 
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Answer 1 / 4

Submitted 361 days ago...

Ruchele

Ruchele

Brain (3,118)

In most cases the judge will take you at your word that there has been some vilolence real or threatend, whe issuing a temporary restraing order. However, these orders are only good for 2 weeks, at wich time, the ex will have to "show cause" why the order should not remain in effect.

 

Answer 2 / 4

Submitted 361 days ago...

lilagallegos

lilagallegos

New User (3)

I'm not seeking a restraining order, only temporary custody orders. The ex has not threatened violence, just to remove the child from his established home. If the judge does not give temporary orders, then the ex has the right to take the child. I'm trying to prevent that.

 

Answer 3 / 4

Submitted 361 days ago...

Jodi-Mesa

Jodi-Mesa

Brain (2,795)

Oh that is really scary, lying about illnesses and giving meds that are not prescribed. It's called munchausen by proxy and parents have gone as far as drugging their kids and shaving their heads to say that they have cancer. Not to scare you but that is defiantly unsafe and you should tell the judge if you haven't already.

 

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Answer 4 / 4

Submitted 361 days ago...

Ruchele

Ruchele

Brain (3,118)

Have every bit of evidence with you when you go see the judge, school records that show your address, copy of a lease etc.. in your name, doctors bills, doctors notes etc.. also, keep a carefull log with dates of things she does or says, things your child mentions to you (so you don't forget) This will all help the judge better understand the situation. Good luck.

 

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Ruchele

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Brain (3,118)

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