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Thigs I don't understand

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What is the name of your state? FL

I have had Primary residential status on a temporary order, Mother was Primary by mediated settlement. The judge wants the Mother to show that she has gotten help for her problems before allowing unsupervised visitation. The Mother has not seen our son for a month. There is no time frame to the temporary custody order.

She seems to think that all she has to do is bring the court documentation that she is well, and the court will change Primary Residence back to her (possibly after a period of unsupervised visitation ). Is this true? Or, does she now have the burden of showing that the child would be better off if custody is changed back to her?

In other words, can I rest well knowing that as long as I take good care of our son, and he is doing well in my care, the court will likely leave things as they are? Or, do I need to worry about her taking him back before (I believe ) she is actually ready and able to take care of him? He is very young.

Can someone please help? I feel like if the 1st scenerio is true, I should move quickly to have our custody modified "permanently."
 


Bloopy

Senior Member
The nature of why she lost visitation is a bigger issue than maintaining the “status quo” of them living with you for a month.
 
She never lost visitation. The judge ordered her visitation to be supervised by her parents when he first ordered the temporary custody change. Evidence showed that she was struggling with mental health issues, and alcoholism.

What is the process now for her to get the child back?
 

Gracie3787

Senior Member
What is the name of your state? FL

I have had Primary residential status on a temporary order, Mother was Primary by mediated settlement. The judge wants the Mother to show that she has gotten help for her problems before allowing unsupervised visitation. The Mother has not seen our son for a month. There is no time frame to the temporary custody order.

She seems to think that all she has to do is bring the court documentation that she is well, and the court will change Primary Residence back to her (possibly after a period of unsupervised visitation ). Is this true? Or, does she now have the burden of showing that the child would be better off if custody is changed back to her?

In other words, can I rest well knowing that as long as I take good care of our son, and he is doing well in my care, the court will likely leave things as they are? Or, do I need to worry about her taking him back before (I believe ) she is actually ready and able to take care of him? He is very young.

Can someone please help? I feel like if the 1st scenerio is true, I should move quickly to have our custody modified "permanently."
The burden is on her to not only prove that she's gotten help, but also that the child would be better off with her. Under the circumstances, it's not going to be easy for her to prove, and it'll get harder the longer your son stays with you.
 
Thank you. Then I guess the only question remaining would be- How long could this be the status? Do parents sometimes have their children on Temporary orders for 17 years? I guess something usually happens to change the situation again.

When is the best time to file for the court to remove the "Temporary" from the order?
 

LdiJ

Senior Member
Thank you. Then I guess the only question remaining would be- How long could this be the status? Do parents sometimes have their children on Temporary orders for 17 years? I guess something usually happens to change the situation again.

When is the best time to file for the court to remove the "Temporary" from the order?
Yes, there are parents who have had temporary custody of their kids for many many years. The word "temporary" is not a big deal.
 

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