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Temp Orders (sole/physical) How long?

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What is the name of your state (only U.S. law)? UT

I've posted here before. I lost temp orders to my babies father. due to her spending more time at grandparent house for a few yrs when her father was out of state for 3 yrs. This is not true of course.

How long do temp orders last for do they have an expiration date? should I schedule another court hearing? I have an attorney he just wants me to obtain further documents to proceed. I'd rather ask here than call him and get billed for it. (billed should be an understatement :-) )

Thank you
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? UT

I've posted here before. I lost temp orders to my babies father. due to her spending more time at grandparent house for a few yrs when her father was out of state for 3 yrs. This is not true of course.

How long do temp orders last for do they have an expiration date? should I schedule another court hearing? I have an attorney he just wants me to obtain further documents to proceed. I'd rather ask here than call him and get billed for it. (billed should be an understatement :-) )

Thank you

Temp orders normally last until the COURT changes them. Why exactly was dad awarded custody?
 

LdiJ

Senior Member
Temp orders normally last until the COURT changes them. Why exactly was dad awarded custody?

Dad was out of the area.

Paternal grandma provided before and after school care, so kids went to the school closest to grandma's house, to make it convenient for grandma.

Dad came back and filed for custody.

Dad lied and said that grandma had the kids in her custody, physically for most of the time, instead of with mom, and asked for temp custody based on that. This is not true, the child always lived with mom, grandma only provided before and after school care.

The judge gave it to him, thinking that the child had lived with grandma.
 
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Wow :)

Dad was out of the area.

Paternal grandma provided before and after school care, so kids went to the school closest to grandma's house, to make it convenient for grandma.

Dad came back and filed for custody.

Dad lied and said that grandma had the kids in her custody, physically for most of the time, instead of with mom, and asked for temp custody based on that.

The judge gave it to him.

Will you be my attorney? :-) That is correct. It is really unfortunate. I guess I'm just really impatient with the next step.

Can I turn the temp orders to- perm full custody (sole and physical) for myself? What can be my strongest defense?
 

LdiJ

Senior Member
Will you be my attorney? :-) That is correct. It is really unfortunate. I guess I'm just really impatient with the next step.

Can I turn the temp orders to- perm full custody (sole and physical) for myself? What can be my strongest defense?

Your strongest defense should be as much evidence as possible that the child lived with you the entire time...and that grandma just provided before and after school care.

You should subpoena grandma as a witness as well. Hopefully it would be difficult for her to lie under oath and right in front of you.

You might consider asking the judge to appoint a GAL for the child (Guardian ad Litem) who could speak to the child regarding where she has been living, as well as help determine the best interests of the child.

You also might consider a new attorney, since the one you have apparently doesn't do his job very well.
 
Your strongest defense should be as much evidence as possible that the child lived with you the entire time...and that grandma just provided before and after school care.

You should subpoena grandma as a witness as well. Hopefully it would be difficult for her to lie under oath and right in front of you.

You might consider asking the judge to appoint a GAL for the child (Guardian ad Litem) who could speak to the child regarding where she has been living, as well as help determine the best interests of the child.

You also might consider a new attorney, since the one you have apparently doesn't do his job very well.

Thank you. I am obtaining all the evidence that I can.

I want to subpoena grandma so she can tell truth that she tended my child before/after school and during my work hrs in spring/summer time. I am hoping it will be difficult for her to lie in front of me as well.(that my child LIVED with her, and that I only saw my child 3 hours a week-this is what petitioner says!)

My child is now 10. She was about 5-8 yrs old the time he claims that she didn't live with me. I don't think she would recall that far back. She would remember living with me AND staying with grandma, she wouldn't know how to tell the difference. ?

I am also looking into Legal Aid Assistance, this will eliminate attorney issue. :-/
 

Ohiogal

Queen Bee
Dad was out of the area.

Paternal grandma provided before and after school care, so kids went to the school closest to grandma's house, to make it convenient for grandma.

Dad came back and filed for custody.

Dad lied and said that grandma had the kids in her custody, physically for most of the time, instead of with mom, and asked for temp custody based on that. This is not true, the child always lived with mom, grandma only provided before and after school care.

The judge gave it to him, thinking that the child had lived with grandma.
In other words mom may have committed fraud by registering the children in a school that she legally could not that was not attached to her HOME. Okay now I get it.

So is mom going to admit to the crime of fraud and be responsible for paying tuition back to the school for all that education?
 

Ohiogal

Queen Bee
Thank you. I am obtaining all the evidence that I can.

I want to subpoena grandma so she can tell truth that she tended my child before/after school and during my work hrs in spring/summer time. I am hoping it will be difficult for her to lie in front of me as well.(that my child LIVED with her, and that I only saw my child 3 hours a week-this is what petitioner says!)

My child is now 10. She was about 5-8 yrs old the time he claims that she didn't live with me. I don't think she would recall that far back. She would remember living with me AND staying with grandma, she wouldn't know how to tell the difference. ?

I am also looking into Legal Aid Assistance, this will eliminate attorney issue. :-/

Why did you commit fraud in registering the child? Did you put grandma's address down as the address for the child for school purposes?
 

LdiJ

Senior Member
Why did you commit fraud in registering the child? Did you put grandma's address down as the address for the child for school purposes?

With all that has been posted recently on these forums regarding schools and the amount of choice/flexibility that some areas/states have, I don't think that we can assume that any fraud was committed.
 

Ohiogal

Queen Bee
Truthfully she is a thread deleter. She is probably just going to delete any information given to her anyway. And it is very possible she committed fraud. Why doesn't she come back and explain how she legally registered the child.
 

LdiJ

Senior Member
Truthfully she is a thread deleter. She is probably just going to delete any information given to her anyway. And it is very possible she committed fraud. Why doesn't she come back and explain how she legally registered the child.

While I understand that its annoying when people delete threads, particularly ones where a lot of effort has gone into them, I really don't understand why everyone gets so upset about it. They are just threads on internet message forums.
 

Ohiogal

Queen Bee
While I understand that its annoying when people delete threads, particularly ones where a lot of effort has gone into them, I really don't understand why everyone gets so upset about it. They are just threads on internet message forums.

Because it is a waste of time to help people who just then delete the posts. If you want to waste your time, go ahead.
 
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Because it is a waste of time to help people who just then delete the posts. If you want to waste your time, go ahead.

I am back. I had my child this weekend. I posted almost the same answer you needed on the other (old) thread that is not deleted.

I stated that I also lived in the same address as grandmas, we all lived together for years. After he left to Arizona to distribute drugs and I worked my tail off, I lived for about 3 years in a different apartment number in the same apartment complex as grandmas, this is why I kept my child in the same school. no fraud committed. I would never break the law, if the judge asks to remove her from that school, I will do so that same day- even if my child is not too happy about it.

Thank you, regardless. .. I appreciate ALL feedback and advice.

god bless
 
With all that has been posted recently on these forums regarding schools and the amount of choice/flexibility that some areas/states have, I don't think that we can assume that any fraud was committed.

Thank you sirs.

I also believe that my 'Attorney at law' attorney would inform me if I committed 'fraud'. I am an honest person and I will handle repercussions if needed.
 

CourtClerk

Senior Member
With all that has been posted recently on these forums regarding schools and the amount of choice/flexibility that some areas/states have, I don't think that we can assume that any fraud was committed.
It is if she used grandma's address......
 
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