SPARC Forums
Main Forums => Father's Issues => Topic started by: NYParent on Oct 20, 2009, 11:49:33 AM
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).
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.