Motion Of Temporary Orders In Philadelphia
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Rule 2206 - Settlement, compromise, discontinuance and judgment (a) No action for wrongful death in which a minor or an incapacitated person has an interest shall be discontinued nor shall the interest of a minor or an incapacitated person in any such action or in a judgment for damages recovered therein be compromised ...
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.
R.C.P. 440; (2) the non-moving parties shall file a response within twenty (20) days of the service of the motion, may attach any document, pleading or item not attached by the moving party, and shall include a brief or memorandum of law as provided in Phila.
If there was not a hearing, you can expect an order on the motion generally within 30 days, depending on how busy the judge's desk is.
Within 10 days of the entry of a final order, a party aggrieved by the order may file a motion for reconsideration. The motion shall identify the specific issues to be reconsidered by the court. The filing of a motion for reconsideration does not toll the 30-day appeal period pursuant to Pa.
227.1(c). While not required, any supporting brief or memorandum of law should be filed and served on the Court and opposing counsel together with the motion. Unless otherwise directed, responses or briefs in opposition, while not required, should be filed no later than 10 days after service of the posttrial motion.
You will need to submit a petition to file for emergency custody with the family court. Following the emergency petition, there will be a hearing to determine whether there are grounds for granting the temporary custody.
There may be specific forms you need to fill out, and a petition for interim custody will likely need to be filed with the family court in the appropriate county. In this petition, you must provide detailed information about the child, the involved parties, and your reasons for seeking temporary custody.
