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Main Forums => Custody Issues => Topic started by: Spaceman1982 on Oct 12, 2012, 02:59:52 PM

Title: Do i need to file for a new order?
Post by: Spaceman1982 on Oct 12, 2012, 02:59:52 PM
At my last hearing the Judge signed a order that stated
"The court further orders that unless further action is taken on this case, the temporary orders for sole legal and sole physical custody shall become permanent 90 days from todays date (Oct 15th)"
Do I need to write up a new order stating permanent sole? does the 15th count as  a date that it can be filed on?
Title: Re: Do i need to file for a new order?
Post by: ocean on Oct 12, 2012, 03:52:58 PM
I am not a lawyer or the judge but I do not think you need anything else. What you have is now perm since nothing else happened. Whatever was ordered that day regarding custody is now perm.

Now, I am like you and would want a straight "new order" stating that but you may not need to do that. I guess you could just file a modification based on judges orders from xx date stating that on Oct 15th these orders would become perm, petitioner requests that perm orders be ordered as no further action has taken place in the last 90 days.

Maybe wait some time though, get as much time under this order as you can so the other parent is not forced to come to court and try to battle you on it.
Title: Re: Do i need to file for a new order?
Post by: MixedBag on Oct 15, 2012, 01:23:34 PM
I would wait 30 days beyond October 15th.
Then I would request that the court issue a permanent order reflecting the temporary order -- based on the fact that "society" gets confused when they read an "IF" statement.
Keep it VERY simple.
"Comes now the Father with a request to this court for a Permenant Order reflecting the statement made in the Temportary order dated XYZ since there is no additional action pending in this case."
OR something close to that.
And then attach a draft -- proposed VERY SIMPLE permanent order.  Something that no one can argue about -- like no details.
And see what happens.