Temporary for how long?

[JustAMom2five]

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

How long can a temporary order be in place?
The order says that it shall be in full force and effect until the court orders otherwise.

I have sent my lawyer an email asking these questions but was hoping somebody here might have some insight.

In court the judge had said he was not going to take joint legal away from my ex but the order I just received in the mail (Order Extending Temporary Modification Of Visitation)
states that until the court orders otherwise I shall have sole custody and control of the children.

It continues to state that any visitation shall be supervised at a facility in my town and advance notice of at least seven days prior to a requested visit shall be given to me and to the specific doctor who is to supervise the visits.

It addresses the issue of financial responsibility being my ex's and also that I can request a drug test at any time (with me being responsibly for cost) exception being if the test comes back positive then the subsequent tests would be my ex's responsibility to pay for.

So how long does this order have effect?
Until my lawyer goes back to the judge looking for a more permanent order.. or till my ex gets a lawyer to try and fight it? Is it normal for a temp order to be in effect for an undetermined amount of time?

Has anybody else had experience with similar situations?

 

[seniorjudge]

Q: How long can a temporary order be in place?

A: The order says that it shall be in full force and effect until the court orders otherwise.

 

[JustAMom2five]

Q: How long can a temporary order be in place?

A: The order says that it shall be in full force and effect until the court orders otherwise.

So what could cause the court to order otherwise?

Until my lawyer goes back to the judge looking for a more permanent order... or till my ex gets a lawyer to try and fight it? Is it normal for a temp order to be in effect for an undetermined amount of time?

If my ex makes no attempt at visiting the kids under these circumstances then what should I do?

 

[seniorjudge]

...

If my ex makes no attempt at visiting the kids under these circumstances then what should I do?

...

I can think of about 7,821 different things but I only thought about for about ten or fifteen seconds.

 

[JustAMom2five]

I can think of about 7,821 different things but I only thought about for about ten or fifteen seconds.

thanks, I guess

 

[JustAMom2five]

Thank you seniorjudge for your replies.

Does anybody else have any experience with this type of situation, Or does anybody else know what would cause a court to order otherwise?

Is it something my ex is going to have to petition to change?

If my ex makes no effort to visit the children under these circumstances for an extended period of time (more then six months) what should my next move be?

Will the temp orders be in place until either my ex or myself petitions the court to change them.. either him trying to get the order dismissed, or myself trying to get a more permanent order in place.


I'm not trying to get a crystal ball reading.. I am just trying to figure out how long the judge was going to let these temp orders be in place.

I am hoping my ex cleans up his act.. let's me know when he wants to visit the kids.. sometime soon would be nice, and after a short time makes a motion to get unsupervised visitation back on a more regular basis.
But hoping for the moon won't bring it to my window.
He has a fiance who is leading him by the horns... she wrote his objection to CS recommendation, she has denied me access to him, she was even heard by the judge in the background of the phone conversation during court. (the judge made an annoyed face but said nothing.. and I just sat quietly)
It doesn't take a genius to sift through their intentions..
He didn't take notice of the kids.. what was going on in their lives.. or making arrangements for lengthy visitation until his new brain decided she needed to assert herself as the queen of his life. (yes I know these are all my opinions) She asked me if they could continue to use the kids as tax dependants after I told him it wouldn't be happening again because of his IRS fraud (he claimed EIC).. So she objected to the referee's recommendation to try and get a judge to say he could claim them, that and once she/he realized abatement would lower CS he made arrangements to carry out his month long visitation. As soon as we got off the phone in hearing for that I got a call from him with her voice in the back ground saying the visitation drop off/pick up arrangement wasn't going to work.
She was arrogant enough to let me know how satisfied she was smoking pot and doing cocaine with my ex. So now that their lifestyle has bitten them in their butts... I seriously doubt he (she) will be willing to spend the money coming here, or paying the $$ to carry out supervised visitation... that's even if he does "clean" up his act.


So here I am curious as to where this might be headed..
if my fears are correct and their history of being money oriented, (whether it be wanting to pay less CS or wanting to get more through taxes) holds true then what might my next steps be.

If he cleans up but doesn't see the kids through this supervised visitation then what?

(I am guessing he'll at least clean up for the time being since he will probably end up on some kind of probation for the charges brought against him stemming from the raid at his place)

 

[LdiJ]

Thank you seniorjudge for your replies.

Does anybody else have any experience with this type of situation, Or does anybody else know what would cause a court to order otherwise? Is it something my ex is going to have to petition to change?

Yes, it is something that your ex would have to petition to change.

If my ex makes no effort to visit the children under these circumstances for an extended period of time (more then six months) what should my next move be?

Nothing at all. The judge has basically put you totally in control until he/she rules otherwise.

Will the temp orders be in place until either my ex or myself petitions the court to change them.. either him trying to get the order dismissed, or myself trying to get a more permanent order in place.

The temp orders will be in place until the judge orders otherwise. You don't need more permanent orders. No order is totally permanent when it comes to child custody/visitation or child support. Your temporary orders are just as good as a permanent order.

I'm not trying to get a crystal ball reading.. I am just trying to figure out how long the judge was going to let these temp orders be in place.

Again, the temporary orders are in place until a judge orders otherwise, therefore, if your ex takes no action, they would be in place until the children become legal adults.

I am hoping my ex cleans up his act.. let's me know when he wants to visit the kids.. sometime soon would be nice, and after a short time makes a motion to get unsupervised visitation back on a more regular basis.
But hoping for the moon won't bring it to my window.
He has a fiance who is leading him by the horns... she wrote his objection to CS recommendation, she has denied me access to him, she was even heard by the judge in the background of the phone conversation during court. (the judge made an annoyed face but said nothing.. and I just sat quietly)
It doesn't take a genius to sift through their intentions..
He didn't take notice of the kids.. what was going on in their lives.. or making arrangements for lengthy visitation until his new brain decided she needed to assert herself as the queen of his life. (yes I know these are all my opinions) She asked me if they could continue to use the kids as tax dependants after I told him it wouldn't be happening again because of his IRS fraud (he claimed EIC).. So she objected to the referee's recommendation to try and get a judge to say he could claim them, that and once she/he realized abatement would lower CS he made arrangements to carry out his month long visitation. As soon as we got off the phone in hearing for that I got a call from him with her voice in the back ground saying the visitation drop off/pick up arrangement wasn't going to work.
She was arrogant enough to let me know how satisfied she was smoking pot and doing cocaine with my ex. So now that their lifestyle has bitten them in their butts... I seriously doubt he (she) will be willing to spend the money coming here, or paying the $$ to carry out supervised visitation... that's even if he does "clean" up his act.


So here I am curious as to where this might be headed..
if my fears are correct and their history of being money oriented, (whether it be wanting to pay less CS or wanting to get more through taxes) holds true then what might my next steps be.

If he cleans up but doesn't see the kids through this supervised visitation then what?

(I am guessing he'll at least clean up for the time being since he will probably end up on some kind of probation for the charges brought against him stemming from the raid at his place)[/QUOTE]

 

[Ohiogal]

How long can a temporary order be in place?

I haven't read the rest of the thread but here is your answer:

The order says that it shall be in full force and effect until the court orders otherwise.

 

[JustAMom2five]

Thank you LdiJ
& Og


I am sure it seems almost too simple for quite a few of you but I really do appreciate someone pointing out how things work .. I am trying to learn as I go.

 

[Ohiogal]

Thank you LdiJ
& Og


I am sure it seems almost too simple for quite a few of you but I really do appreciate someone pointing out how things work .. I am trying to learn as I go.

Keep learning and keep trying to learn. Some of us have more expertise than others in this area. And I tried to edit to add that SJ beat me to it.
Damn computer crashed.

 

[JustAMom2five]

Keep learning and keep trying to learn. Some of us have more expertise than others in this area. And I tried to edit to add that SJ beat me to it.
Damn computer crashed.

Thanks Og...

Actually it's not a subject I ever thought or wanted to learn more about but I am very grateful for those of you willing to teach.

My field of interest is art. I am just finishing a painting of Marley, and have a guy asking for a few more. Art is way less stressful to learn.