End of temporary custody order

[jgaff78]

About a year ago we were granted a temporary order of custody for my SD(10). That order will expire at the end of this school year. She wants to stay with us but doesn't want to tell her mom because she feels like she is choosing one parent over the other. The temporary order was mutually agreed to by both parents, now BM may or may not agree to letting her stay. So who gets custody after the temporary order expires? Does she automatically go back to BM or does she stay with us since that is where she currently resides (there is a 1000 mile distance between the 2 homes)? Who has to file to change custody if it's contested?

[ocean]

Is court near you? If it is, then maybe go and ask for an order for next school year (especially if child goes to other parent over summer, child may not be returned). If court is 1000, then you take a change with her keeping child after summer break.
There has not been any talk with ex over this? If you ask for a hearing then child is not put into the middle too much and you can show that child excelled at your house in school/behavior/whatever the issues were and ask that the order become permanent.
First, try and talking to her mother and seeing what her thinking and if she will sign papers again for the next school year before she goes to any visit.

[Kitty C.]

Another thing to keep in mind.....some courts will make temp. orders permanent.  If you worked with an atty. on the temp. order, contact them to find out what to do now.

[jgaff78]

Court is in our county. We got the temp custody by appearing pro se, BM didn't even show up for the hearing. She e-mailed us a "notarized" letter stating that she agreed to let SD live here for a year. She actually transferred up here last Easter when there was still about a month of school left. BM had major discipline issues with SD & SD admitted that she purposely misbehaved so BM would let her live with us. The temp order is written to give us custody until May 25 or til a week after last day of school. BM keeps changing her mind about whether she will let her stay or not so it's apparently going to have to go back to court. We just weren't sure whether we needed to file or if SD automatically stays with us since she is here currently.

[ocean]

I would file NOW, then you can get an order for summer. It will take a few weeks just to get the initial date. File first before talking to mom, you can always drop it if you agree or make it into an order. See how she reacts.