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Tow \u2013 Motion For Temporary Orders Without Notice In Oakland
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State:
Multi-State
County:
Oakland
Control #:
US-000299
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Word;
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FAQ
Emergency custody orders are temporary and typically last until a full custody hearing is scheduled. At this hearing, both parents present more extensive evidence, and the judge makes a long-term decision regarding custody.
Temporary orders can become permanent custody arrangements after the couple's divorce is finalized. In some cases, this may not truly be in the children's best interest.
Normally, a temporary order remains in effect until a judge ends it, modifies it or issues a final order replacing it. Occasionally, a temporary order has an expiration date. If parents can agree how to co-parent for the duration of their case, they may not need a temporary order.
Because every situation is different, there is no standard duration regarding the temporary child custody order, and the times can also change depending on the location. The court maintains temporary orders unless it modifies them or issues a final custody order.
The judge may admonish your spouse or can impose sanctions, like fines and even jail time depending on the severity of the violation. The judge may also modify the parenting schedule or even change the custody arrangement if your spouse has repeatedly violated court orders.
Filing a motion for a temporary order in divorce can be important when any of the following issues need to be dealt with: Custody and visitation, in which case a temporary order would outline a schedule for when each party has time with the child(ren)
Temporary guardianships are awarded for a short period of time, usually no longer than six months. Temporary guardianship grants a guardian all the legal rights and responsibilities relating to the care of the child. A guardian has full legal and physical custody of the child, and makes decisions about their care.
To modify the order, you must show the judge there is an issue that cannot wait to be resolved at trial. These matters include such issues as child endangerment or a parent violating the terms of the order. To modify temporary custody orders, you will need to include your reasoning for filing a motion to modify.
Initially, it may start out with an inquiry or investigation into the matter. Then, after the judge has deliberated, a temp order is issued until the concern is fully grasped and understood. After this and other evidence has come to light, the couple may be issued a final or permanent order on the issue.