QUESTION
What happens after my children's father filed for full custody and was denied?
Asked on Aug 31st, 2012 on Child Custody - Indiana
More details to this question:
I have had sole physical & joint legal custody of my 2 children since 2006. Their father withdrew them from my area school last November and enrolled them across town where he lives. In January we had a hearing which the judge ordered the kids to remain at his school until the end of the year (may). At a review hearing in may he served me with modification papers. The judge changed the parenting time also. His request was denied. And I want to know what happens from here? Does the order from 06 kick back in or the recent change overrides the old one? This is a touchy situation because of a history of domestic violence. So I want to make sure I know every detail. And nobody I have tried to ask seems to know anymore than the motion was denied.
19 ANSWERS
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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What does your attorney say?
Answered on Jun 13th, 2013 at 12:33 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If the judge made modifications, those change the original order. The rest of the original order should still stand. You would be wise to have an attorney review the judge's order with your original order.
Answered on Sep 06th, 2012 at 2:18 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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If his latest motion was denied the immediately preceding Order should be in effect. The new Order of Denial should have said that. Ask the Judge to clarify it.
Answered on Aug 31st, 2012 at 9:50 PM
Dennis P. Mikko
A court speaks through its written orders. To provide an answer to your question a review of the 2006 order and any orders entered subsequent to that would have to be reviewed. Without such a review, any answer would be just a guess.
Answered on Aug 31st, 2012 at 9:48 PM
You really need to discuss this situation with an experienced attorney. The exact language of the written orders needs to be reviewed before and answer can be reliable given. Seek out experienced counsel to advise you on this one. Good luck!
Answered on Aug 31st, 2012 at 9:48 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need to take all of the orders to an attorney and get advice. We cannot give advice concerning the status of your case without seeing the orders.
Answered on Aug 31st, 2012 at 9:48 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Take your file to an attorney. There is too much going on here to understand from an email all the necessary facts.
Answered on Aug 31st, 2012 at 9:47 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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No lawyer could answer your question without seeing the journal entry from the court. Please make an appointment with a Family Law Attorney to review your case.
Answered on Aug 31st, 2012 at 9:47 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Review of the orders in effect is required.
Answered on Aug 31st, 2012 at 9:45 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I cannot give you an answer without seeing all of your papers. You probably have to go back to court.
Answered on Aug 31st, 2012 at 9:45 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Hire an attorney.
Answered on Aug 31st, 2012 at 9:42 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It isn't possible to answer your question without examining all of the relevant documents and court orders. If those documents don't answer your question, it would appear that only the judge can answer the question of what changes he has made to the 2006 order. You need to consult a lawyer for information about how to obtain clarification from the judge.
Answered on Aug 31st, 2012 at 9:40 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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It is not possible to answer this question without actually reading the motion and orders .
Answered on Aug 31st, 2012 at 9:34 PM
What does your lawyer tell you?
Answered on Aug 31st, 2012 at 9:30 PM
Suzanne H. Lombardi
In Alaska you can modify custody if there has been a substantial change in circumstances. It sounds as if the judge denied his motion because the request was denied. Without looking at the old order and the recent order it is impossible to say which order is to be followed. An attorney can help you look at the details and determine where you stand with custody.
Answered on Aug 31st, 2012 at 9:26 PM
Leonard A. Kaanta
The new order was only in effect until May.
Answered on Aug 31st, 2012 at 9:01 PM
Steven D. Dunnings
What does the current order say?
Answered on Aug 31st, 2012 at 8:58 PM
To accurately answer your question, and attorney would need to read all of the orders starting with the initial order on custody and parenting time. You said the judge changed the parenting time, but you didn't say to what or who was receiving the parenting time. Are the kids with you or the ex right now? You should call a local attorney and ask for a consultation in office. You may be able to get a free consultation, but most attorneys are probably going to charge to review documents. However, you can probably negotiate a reduced rate for a 30 minute consultation, as I think that is all that would be needed to read the orders and advise you what is still in place.
Answered on Aug 31st, 2012 at 8:57 PM