Welcome to SPARC Forums. Please login or sign up.

Mar 28, 2024, 06:21:50 AM

Login with username, password and session length

Temporary Orders...

Started by NYParent, Oct 20, 2009, 11:49:33 AM

Previous topic - Next topic

NYParent

Can I ask for temporary orders during my initial hearing for modification or do I need to file a separate petition for that (I'm in NY).  I know that it's going to be a while before the modification is put through and I was wondering if I could ask for temporary orders to be placed (ie: Specific days and times that communication should happen with the child, specific exchange place, etc.) 

I still don't have an attorney here in NY (that's presenting to be more of a challenge here in NY than TX- most attorney's want anywhere from 10K to 20K retainer's fee to even take the case).  The judge told me the last time that I didn't need to have council with me during this hearing, but going forward I did.  I think I found an attorney who might work, but it's still up in the air and I am not sure if it's going to be finalized before my hearing.  This is why I want to know how temporary orders work.  I was thinking of writing a motion for temporary orders, but I have to serve that to the other party with 14 days notice right?  (I don't have that long).

Any suggestions that anyone can make as to how I can make the judge aware of the temporary orders in writing before the hearing would be appreciated.  I am the type that I express myself better in writing than speaking (as I often forget what I need to say).  Also, time is so limited during these hearings.

Thanks in advance for any suggestions.  I can't express how thankful I am to all of you and how much you guys have all helped me through this process.  I hope that one day I can help someone else (I'm noticing that you become somewhat of an expert after going through the system).


MrCustodyCoach

You can certainly ask for a temporary judgment until the matter is settled in full.  Whether you get one or not is another story - but by all means - I would suggest that you go the extra step of preparing a temporary parenting plan to hand the judge for consideration, that way, you're not hashing out all of the minute details in the courtroom - instead working on any minor adjustments.
Mr. Custody Coach - Win Child Custody "Better Prepared, Better Outcome"

*The opinions in this post are solely my own and do not represent the only way to address any particular issue.