temporary custody

[helpingdad]

Mom left kids with dad on July 10th. Daughter and son 15 and 17. Mom has custody. Dad hired an attorney to get custody, support mod. Kids have been living with dad since 07/10/2006. Mom has not come to see kids during this time.

Pretrial hearing has been scheduled 3 times because the mother always has an excuse. Should a pretrial hearing take 3 to 4 months to schedule?

Dad would like to seek temporary custody in the meantime. How does he go about doing this? He feels that Mom is biding her time and will come and get the kids at end of the school term on 12/22. Next hearing is scheduled for 01/03/07. This of course would mean she will have the kids when and if she shows up for the hearing.  Both kids do not want to live with her and have told her so. Kids would probably have to change schools in the middle of the school year if Mom takes them.

All of your help is appreciated. Thanks.

[socrateaser]

>Pretrial hearing has been scheduled 3 times because the mother
>always has an excuse. Should a pretrial hearing take 3 to 4
>months to schedule?

Not usually, no.

>
>Dad would like to seek temporary custody in the meantime. How
>does he go about doing this? He feels that Mom is biding her
>time and will come and get the kids at end of the school term
>on 12/22. Next hearing is scheduled for 01/03/07. This of
>course would mean she will have the kids when and if she shows
>up for the hearing.  Both kids do not want to live with her
>and have told her so. Kids would probably have to change
>schools in the middle of the school year if Mom takes them.

File an emergency motion for temporary sole custody on grounds that the mother has failed to make any contact with either you or the children for three months, and that absent such an order, she currently has the right to appear and remove the children from their new status quo environment, which is against the children's best interetss.

[helpingdad]

Mom left kids with dad on July 10th. Daughter and son 15 and 17. Mom has custody. Dad hired an attorney to get custody, support mod. Kids have been living with dad since 07/10/2006. Mom has not come to see kids during this time.

Pretrial hearing has been scheduled 3 times because the mother always has an excuse. Should a pretrial hearing take 3 to 4 months to schedule?

Dad would like to seek temporary custody in the meantime. How does he go about doing this? He feels that Mom is biding her time and will come and get the kids at end of the school term on 12/22. Next hearing is scheduled for 01/03/07. This of course would mean she will have the kids when and if she shows up for the hearing.  Both kids do not want to live with her and have told her so. Kids would probably have to change schools in the middle of the school year if Mom takes them.

All of your help is appreciated. Thanks.

[socrateaser]

>Pretrial hearing has been scheduled 3 times because the mother
>always has an excuse. Should a pretrial hearing take 3 to 4
>months to schedule?

Not usually, no.

>
>Dad would like to seek temporary custody in the meantime. How
>does he go about doing this? He feels that Mom is biding her
>time and will come and get the kids at end of the school term
>on 12/22. Next hearing is scheduled for 01/03/07. This of
>course would mean she will have the kids when and if she shows
>up for the hearing.  Both kids do not want to live with her
>and have told her so. Kids would probably have to change
>schools in the middle of the school year if Mom takes them.

File an emergency motion for temporary sole custody on grounds that the mother has failed to make any contact with either you or the children for three months, and that absent such an order, she currently has the right to appear and remove the children from their new status quo environment, which is against the children's best interetss.

[helpingdad]

Sorry I sent a new message earlier without much background so I am reposting so you will have a little background info.

Talked to attorney. She said Dad can't file for temp. custody because even though there has been minimal phone conversation with Mom and initiated by the kids, it is still considered contact. Doesn't matter that she hasn't seen them. She also said  Dad is taking care of kids so they are not in danger.

Mom filed pro se and sent something some filing to the judge. Whatever it is we don't know but judge granted her a continuance. Dad's attorney doesn't have anything that Mom filed. We did find out from another source that there is a letter stating that Mom did not give Dad temporary custody.

However she faxed a notarized copy to the school stating that she gave Dad and new wife temporary custody for 2006-2007 school year. Dad has a copy. Is this significant?

Can Mom come and force kids 15 and 17 to go live with her since she has custody? Thanks for your help.

[socrateaser]

>Sorry I sent a new message earlier without much background so
>I am reposting so you will have a little background info.
>
>Talked to attorney. She said Dad can't file for temp. custody
>because even though there has been minimal phone conversation
>with Mom and initiated by the kids, it is still considered
>contact. Doesn't matter that she hasn't seen them. She also
>said  Dad is taking care of kids so they are not in danger.

You said "no" contact. Now you say she has talked to kids. Regardless, an emergency hearing can be heard on a showing of a threat of irreparable harm to the children. That threat is that the mother may return and attempt to seize the kids with the help of law enforcement and then remove them from their current environment. Irreparable harm to the children's emotional stability may result.

I can understand that your attorney doesn't think this rises to the level of an emergency hearing, and she may be right, considering the judge, which I can't evaluate because I don't know who would hear the case.

Nevertheless, I think it's a reasonable exercise of judical power under the circumstances. But, who cares what I think? lol.

>
>Mom filed pro se and sent something some filing to the judge.
>Whatever it is we don't know but judge granted her a
>continuance. Dad's attorney doesn't have anything that Mom
>filed. We did find out from another source that there is a
>letter stating that Mom did not give Dad temporary custody.

Talking about things that you heard others do or say is useless. If there is a continuance based on a letter to the court, then that letter is in the court file, and if it's not and you never were served it, then the court couldn't lawfully consider it, which means that the judge has overstepped his authority.

You would have to file an appeal to overturn the continuance, which would probably be a waste of money, but it tells you that the judge is willing to play fast and loose with the law, which may give you both opportunities to exploit and may also cause you to lose in areas where you should not lose, were the law followed.

This is a judge to be very wary of, when deciding on whether or not to settle on something, or ask the judge to rule, because the judge may surprise you completely.
>
>However she faxed a notarized copy to the school stating that
>she gave Dad and new wife temporary custody for 2006-2007
>school year. Dad has a copy. Is this significant?

It's evidence that you could use in a motion to the court to order temporary custody. I'd get a copy, and file a regular motion requesting that the court order what the other parent has consented to on grounds that it is in the children's best interests.

>
>Can Mom come and force kids 15 and 17 to go live with her
>since she has custody?

Yep. Unless you get a restraining order to stop her. But, in the meanwhile, the kids will be out in limbo, which is why I still think you should go before the court and try to get the matter resolved now.

[mistoffolees]

One thing to consider---

With kids at 15 and 17, you're not looking at a long time before they're 18 and can do whatever they want. Heck, the older one will probably be 18 before the ink even dries on a court order.

If you're able to negotiate a 'pretty good' agreement at this stage, it would be vastly better than going through a massive battle to obtain a better agreement that wastes time, money, and traumatizes the kids.

In this case, I'd strongly suggest mediation where you can mutually agree to an agreement. Even if it's not ideal, it's probably going to be better than a drawn-out battle.

[socrateaser]

.

[mistoffolees]

Sorry, but I didn't think my advice was legal advice. I was suggesting that he might want to consider whether he wanted to get into a protracted fight or settle for a 'good enough' agreement.

Sorry if it didn't come across like that.

[socrateaser]

>Sorry, but I didn't think my advice was legal advice. I was
>suggesting that he might want to consider whether he wanted to
>get into a protracted fight or settle for a 'good enough'
>agreement.
>
>Sorry if it didn't come across like that.

Suggesting mediation, settlement or fighting, requires you to analyze the poster's case and draw a conclusion about the odds of success. That is legal advice.

I don't want to have the poster confused by you suggesting one course and me suggesting another. We may ultimately come to the same conclusion -- but, if not, then I will have to justify why my conclusion differs from yours, and I don't have time, because if I do it for you, then I must do it for everyone else. Pretty soon, the board is a free for all.

Thanks for your cooperation.