me. I was cleared of the accusation , but we actually got back together for about 6 months. When we seperated again , I got the children, but we never went to the court to change the temp custody order. In the meantime he is living with another woman - he has lived with her for over a year now, I have had the kids the majority of the time for almost 2 years. majority of the time meaning I have them usually 5 to 6 days out of the week. I am trying to finalize our divorce now, but he is using the temp order against me , trying to get out of paying child support. If it says in the temp order he is not allowed to expose our children to his paramour (sp) ( his girlfriend ) isn't he violating the temp custody order by living with another woman and would the temp custody order still be valid? ANY HELP IS APPRECIATED :-)
2007-05-23
13:45:18
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8 answers
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asked by
adamay74
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in
Family & Relationships
➔ Marriage & Divorce
Depends on your state but generally temp orders are in place until a final order is incorporated into you divorce. I do think you have an argument to prevent that temporary order from having any bearing. 2 years is long enough to establish a new status quo. Rather than attacking girlfriend reinforce maintaining status quo. Be sure to emphasize status quo is not in line with temporary order. Hammer home the fact that status quo is reality in spite of order. In fact I would probably use the fact that your ex did not live up to the words of the temporary order and "dumbed", just a term of art, on you. You stepped up to take up the slack of his irresponsibility happily and wish the court to keep your children in their present stable environment. Rather than attempting to make dad look bad on its face make yourself look good. Am I making sense?
2007-05-23 15:41:11
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answer #1
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answered by Healthy Lifestyle Geek 4
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The temporary order can be amended. Go back to the courthouse and file for joint custody. Please know this, the courts are now favoring a 50/50 custody plan. It may soiund hectic, but it actually works great! It enables them to share their lives with both parents. The 2/2/5 schedule, (i.e. 2 days, 2 days, then five days) maintains consistency between households. Child support is figured by timeshare and each parents income. On a side note, keep the girlfriend issue totally out of it. Trust me, it can get really messy! Always think about what's best for THE KIDS!!! Good Luck!
2007-05-23 14:08:43
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answer #2
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answered by Destiny 1
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Call child support and ask them if the order is still effect. If not tell them you need them to open it again. Find you a lawyer and get sole custody of your children. You both need to realize these are children and not something you can pawn off on each other. I'm not being nasty, just that the kids need a stable place to live and as it is now he can get them or you. Make sure the kids always come first in any situation, whether it would be with any girl he is with or any guy your with. Give them a fair shake in life.
2007-05-23 13:53:16
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answer #3
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answered by Krinta 7
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Both must obey the order to its fullest or be in contempt of court. On court date , petition the court for sole custody. The courts would like to keep the kids with their mother unless shes ruled unfit so you should no longer have a problem here and just go for it. Explain your current situation to the Judge and lt him decide or if the kids are old enough (varies from state to state) petition the Judge to let the kids decide for themselves who they want to live with. You should haveno problem here. Good luck
2007-05-23 13:55:44
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answer #4
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answered by Arthur W 7
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Hi! A court order is valid, the only way it can be changed is by going back to court, I would tell your lawyer everything, and if your kids are happy living with you, that's kool, I am sorry you are going through this, I have gone through something similar myself, sounds to me like God is looking out for you, when we are falsly acused God always makes it just, I wish you the best, good luck.....Jesus loves you
2007-05-23 13:59:23
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answer #5
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answered by Bert 4
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As this thought seems to have been created to ask this question, it makes me ask your self why you're in seek of suggestion in this communicate board. the actuality that your loved ones has taken his component by way of itself skill no longer something. in the adventure that your ex is a pathological liar, he might rather have the skill to manage the view of your loved ones. you already understand which you like a solid legal expert, so pointing out that actuality returned is redundant. The courtroom isn't pastime in what human beings understand, only what could nicely be shown previous a existence like doubt. Your ex could have the wonderful attorneys going, yet whilst there is not any information of the accusations, then at superb they quantity to defamation of character, and you should chat to your legal expert approximately counter-suing your ex on the charge. desire this helps.
2016-10-13 06:41:01
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answer #6
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answered by Anonymous
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Well, the temp in temp. order means 'temporary'! You need to read the paperwork and see when the temporary period expires(or expired!)
2007-05-23 13:51:32
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answer #7
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answered by misty 2
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http://www.uslegal.com/?gl+uslegal gives free legal advice for your state on any topic.
Good Luck!
2007-05-23 13:52:54
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answer #8
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answered by Anonymous
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