Tco

[CJane]

Honestly, if you have an attorney, he or she is far better equipped than anyone here to answer questions that pertain so specifically to each individual case, each individual court and each individual judge.

 

[majomom1]

I answered every single question asked.

he knows yes and is fine with it

Well... not exactly. Some you were pretty vague on... You should have a proposed parenting plan when you file. If your stbx agreed, your attorney could have gotten a notorized agreement to include with your petition, and then you would not have a need for a temporary order...

If you are concerned about the temporary order before letting him have the kids, then stop. You want to file, requesting a temp order (if appropriate for your state) and have him served. He could then have 30 days (or more) to respond to your petition before any hearing is set.

It could take several weeks, or months, just to get him served... especially if he really isn't in agreement. And if you don't allow him access to the kids, you may find yourself in trouble with the judge when you do go to the first hearing. He also cannot take the children and not return them.

Please make note of all the *ifs* in my post. There is no simple answer.

 

[Inquiry123]

i just want to know about how long it takes for a temp cusidy order to go thru from the time i ask for it, which in my case will be monday at the same time i file for divorce

In OK...

If there is a signed agreement between both parties for Temp. Support and Temp. Custody, the judge could order both on Monday.

If no signed agreement exists, the court will set a hearing date to establish temp. orders for support and visitation...usually within six weeks. On the date of the hearing, a temp. order would be issued barring UNUSUAL circumstances.

Good luck.

 

[Inquiry123]

she said "are you in agreement on the terms". my question is- whoever gives me the TCO (i'm assuming that would be a judge), how do they know he agrees to it? do they send a copy to my ex and ask him to sign off on it?

The court (the judge) will issue the temporary order. Here's some more general info for OK...

http://www.okbar.org/public/brochures/divbroc.htm

 

[momof2_1974]

In OK...

If there is a signed agreement between both parties for Temp. Support and Temp. Custody, the judge could order both on Monday.

If no signed agreement exists, the court will set a hearing date to establish temp. orders for support and visitation...usually within six weeks. On the date of the hearing, a temp. order would be issued barring UNUSUAL circumstances.

Good luck.

Thanks for the info.

Question... if I type the terms we agree to on a piece of paper... and we both sign it and have it notarized... will the judge enforce that piece of paper? Is it as simple as that? Or can he claim it wasn't a contract... just a piece of paper?

one more question... if on this piece of paper I agree to a lesser amount of child support than I know he would be ordered to pay just on a temporary basis until the judge can impose the right amount of child support (I would do this because he will not agree to pay quite as much as he should, unless a judge ordered him to) ... will I be able to then ask for the right amount in court? Or will they say I agreed to less on the temporary agreement, so that's what I get?

 

[LdiJ]

Thanks for the info.

Question... if I type the terms we agree to on a piece of paper... and we both sign it and have it notarized... will the judge enforce that piece of paper? Is it as simple as that? Or can he claim it wasn't a contract... just a piece of paper?

one more question... if on this piece of paper I agree to a lesser amount of child support than I know he would be ordered to pay just on a temporary basis until the judge can impose the right amount of child support (I would do this because he will not agree to pay quite as much as he should, unless a judge ordered him to) ... will I be able to then ask for the right amount in court? Or will they say I agreed to less on the temporary agreement, so that's what I get?

If the two of you sign any temporary agreement, a judge is likely to sign off on it...thus making it a court order. The language of the agreement would control the child support issue.

If the agreement states that you agree to XXX child support...that's not good. If the agreement specifically states that you agree to XXX child support, on a temporary basis, until the proper child support amount can be calculated...that's good.

 

[Inquiry123]

Question... if I type the terms we agree to on a piece of paper... and we both sign it and have it notarized... will the judge enforce that piece of paper? Is it as simple as that? Or can he claim it wasn't a contract... just a piece of paper?

My Advice:

Sit back and relax. Borrow money if you have to until a Temp. Order is in place. There is a process in place in OK to have all this move along at a speedy pace. Good luck, today.