How long does one get for temporary custody?

Question

I go to court next thursday, and there they will determine who gets temporary custody. Right now I have my 7 month old son. But the father has hired an attorney to get temp and full custody of our 7 month old. I am in florida, and he is in greorgia. The baby was born in georgia, so i have to go to court in ga. I left the relationship becuase he hit me one too many times. I also have a 6 year old. The kids didn't need to grow up around it. I have alot of affidavits saying what a wonderful caring mother i am ect and how i am with my kids, i also have affidavits from the people I called after the abuse happened. I never called the cops, i was scared and i loved him. i am scared hell get temp custody or even full. IF he gets temp custody. How long will he have him. Also I had to go to a dv shelter from there i moved to fl in another dv shelter. I got a FT great job, my own apartment, kids are in daycare/school. I really dont think I have ne thing to worryabout...

Also, I went thru GA legal services, to get an attorney, I.ve been talking to one, but she isn't able to represent me in court... i feel i am going to be screwed. My ex's attorney from what my attorney said was a jerk........

Answer 1

There has to be another attorney.

In the temporary hearing the issues that will be touched on:

*Reason for the divorce
*Child support
*Who gets temporary custody until the final hearing

If/when the judge asks why you don't have an attorney just tell him the one that you have been talking to said she was unavailable to appear with you today. Give him her name and whatever else he asks. You can get by without an attorney in the temporary hearing but you need one for the final. The final hearing can be any where from 30days (it's the standard amount of time that GA law requires) after the temporary to 2 years. Mine took 14 months thanks to my ex-jerk. It just depends on how hard he fights for the children and whether either one of you wants to throw it into a trial by jury. (Yes, they have a trial by jury. Mine did that and then withdrew it. Hints the 14 months.)

Since you have a stable job, have a place to live and have child care for the children, that all goes in your favor.

Answer 2

Temporary Custody In Georgia

Answer 3

Temporary orders will usually last until the day the custody battle is over, and final orders are made. The final orders usually ( not always but mostly) reflect the temporary orders becuase they do not want to disrupt the schedule that the child has become used to ( it can be too traumatic they like to keep stabliity in the child's life ) HOWEVER if there become extenuating circumstances ( like allegations of abuse or something ) , then the judge could change the temporary orders any time they see fit, usually on the date of a court hearing. Also the judge will usually order sole custody to the parent who takes czare of the child's needs ( ie tucking them into bed every night, taking them to school, feeding them) , the other parent who has not been there as much will get partial custody ( aka weekends etc..) unless, the person whom is seeking custody has not been in their lives at all, the judge likes to start out slowly, liek for example with supervised visits.

Answer 4

Being a jerk doesn't give him the ability to change the law. If I was in your shoes, I would be worried, because that is a natural response, but in order to take your baby away, he would have to make some pretty heavy allegations and have some evidence to back them up. Temporary custody would be until the custody issue is worked out. That could be weeks, or months. It just depends on the two of you and the judge hearing the case. Since you already have physical custody of your child and you have been in a routine for a while, I don't see them taking the baby from you anyway. My only question is if you have been talking to an attorney in Georgia, why can't she represent you then? I would be looking for an attorney that can do more for me than just give me advice. I would want someone that would stand up for me and argue my case.
The odds are in your favor though. ;o)

Answer 5

As soon as the judge rules, the judgement is carried out. Whoever the judge decides get the child, will leave the courthouse with the child.

As far as temporary custody, your husband would have custody until the divorce has been decided, but I will tell you that in most cases, the person who has teh child at the time of separation usually gets to keep the child unless abuse can be proven. And in most cases, the mother does get custody. If you had proof of the abuse, it will definitely help you in your case, but since you have people that you told of the abuse, it should help.

Considering that your children seem to be stable with you, I see no reason why they would be taken away from you. You're doing the right thing. Good luck.

Answer 6

Temporary Custody is for how ever long the court decides to grant it. In custody cases It is usually an interim measure given until a hearing is held and the court either extends the temporary order or grants custody to one of the parties. You should go to legal services and get an attorney for the hearing or find a woman's support agency that will give you one because if you go to the hearing with out one your rights and interests may not be protected unless you understand all of the legal implications and consequences of the proceedings. The court is there to decide the case not necessarily to protect your interests.

Answer 7

First of all, RELAX!! if you have affidavits that he has abused you then you have more on your side to show the judge! You also have started to rebuild your life with a great new job, your own apartment and taking care of your kids on your own, that is all a PLUS for you. Judges seem to think along the lines of the "Tender Years" (ie, children of "tender years, very young children, need their mother to take care of them) doctrine and if you get a kind judge that will listen to your claims, you should be fine. I would really try to get a GA lawyer to go to Court with you just in case though. (talk to them about a payment plan if necessary and tell them you just can't let him take your kids since he has shown that he is abusive to you, and you are concerned what he may do to the baby!.. Why can't a legal aid lawyer help you in Court, that just doesn't make sense!

Answer 8

Thee should be a legal aid attorney available to you. You need to ask your attorney what you can do to get representation. If you have a home and full-time job, you should have a good chance for custody. Temp custody is until the judge makes a final ruling. It can last as long as the judge deems necessary.

Answer 9

OHH HON WELL I CAN TELL YOU THIS YOU NEED A LAWYER, AND HOW I WISH YOU WOULD HAVE SOME POLICE REPORT, ABOUT THE ABUSE, HOWEVER IF GA IS ANYTHING LIKE FLORIDA AND BELIEVE I KNOW BECAUSE MY HUSBAND AND I WENT TROUGH THE SAME THING GETTING CUSTODY OF HIS LITTLE GIRL, BUT YOUR HUSBAND IS GOING TO NEED SOME HARD CORE PROOF THAT YOUR A UNFIT MOTHER, AND IT HAS TO BE REAL BAD STUFF LIKE WHAT WE HAD CHILD NEGLECT AND ENDANGERING A CHILD PLUS MY STEP DAUGTHER GOT MOLESTED AND WE HAD TO PROOF ALL OF THIS. IN THAT CASE WE HAD FIRST TEMPORARY AS SOON AS THE JUDGE HEARD THE CASE AND WITHIN A YEAR WE HAVE PERMANENT CUSTODY.. HER MOTHER NEVER GOT HER BACK, OK SO I KNOW WHAT I AM TELLING YOU, FOR YOUR HUSBAND TO HAVE ANY CHANCES HE WOULD HAVE TO HAVE CHILD ABUSE DEPARTMENT AND THEIR LAWYERS WITH HIM.. IF HE DOESN'T HAVE THAT ALONG WITH THE PHYSICAL PROOF THAT YOUR UNFIT THEN YOU HAVE NOTHING TO WORRY ABOUT.. YOU CAN GET A STATE POINTED LAWYER IF YOU CAN'T AFFORD ONE, AND IF YOU ARE A GOOD MOM THERE IS NOTHING THEY CAN DO TO TAKE YOUR KIDS. TAKE ALL YOUR PROOF THE STUFF YOU SAY YOU HAVE WITH YOU AND TRUST IN GOD AND NEVER LIE ALWAYS TELL THE TRUTH... THE COURT IS GOING TO GO WITH EVIDENCE AND IF HE DOESN'T HAVE ANY, HE WILL LOOSE. GOOD LUCK.

Answer 10

Temporary custody is until you take him back to court or he decides he wants to take you back to court. The judge will decide then what to do about the situation.