Order Interpretation

[3junebugs]

What is the name of your state (only U.S. law)? MD but order is out of PA

I need some help deciphering my order . And of course my lawyer would be on vacation this week when I realized it but you guys are just as good if not better at helping people understand in layman's terms AND you'll get back to me quicker

Brief background - Late May 2009 DHS got involved with my son's father. I filed an emergency petition 6/5/09. As a result they granted I got an Temporary Ex Parte order awarding me temporary sole physical and legal with visitation being suspended.

The Exparte order states:

AND NOW, this 5th day of June, 2009, it is hereby Ordered and Decreed that mother, is awarded sole physical custody of [child] until further Order of This Court.

and then the master hand wrote in

THE CUSTODIAL RIGHTS OF FATHER, AS TO SAID CHILD ARE TEMPORARILY SUSPENDED UNTIL FURTHER ORDER OF THE COURT.

We went back in again in June and then July and the Master entered this temp order. I'll just post the relevant information.

AND NOW, THIS 16TH DAY OF JULY, 2009, IT IS HEREBY ORDERED AS FOLLOWS:
TEMPORARY ORDER:
EMERGENCY PETITION FILED 6-5-09 BY MOTHER IS GRANTED. THE FOLLOWING TEMPORARY ORDER IS ENTERED PENDING FURTHER ORDER OF COURT:
1. THE TEMPORARY EX PARTE ORDER OF 6-5-09 IS VACATED.
2. FATHER SHALL HAVE PARTIAL PHYSICAL CUSTODY OF CHILD.

It then goes into the partial custody arrangement. We have a hearing in front of a judge on Dec. 7 for the modification portion of the petition.

I am confused as to whether I still have sole custody or not. It says the my emergency petition was granted. So I went back and dug that out and it has the proposed order (not signed of course, its what my lawyer submitted with my petition). The next page is the Rule To Show Cause, then the next pages are the emergency petition. The last line states:

WHEREFORE, it is respectfully requested that all partial custody of the child be suspended until further Order of the Court and a full investigative report is provided by DHS

It never says flat out, Mother has sole custody, so I don't want to assume . If my emergency petition was granted then that implies that while he has partial physical custody, I still have sole legal?

Thanks in advance!

 

[Isis1]

What is the name of your state (only U.S. law)? MD but order is out of PA

I need some help deciphering my order . And of course my lawyer would be on vacation this week when I realized it but you guys are just as good if not better at helping people understand in layman's terms AND you'll get back to me quicker

Brief background - Late May 2009 DHS got involved with my son's father. I filed an emergency petition 6/5/09. As a result they granted I got an Temporary Ex Parte order awarding me temporary sole physical and legal with visitation being suspended.

The Exparte order states:



and then the master hand wrote in




We went back in again in June and then July and the Master entered this temp order. I'll just post the relevant information.



It then goes into the partial custody arrangement. We have a hearing in front of a judge on Dec. 7 for the modification portion of the petition.

I am confused as to whether I still have sole custody or not. It says the my emergency petition was granted. So I went back and dug that out and it has the proposed order (not signed of course, its what my lawyer submitted with my petition). The next page is the Rule To Show Cause, then the next pages are the emergency petition. The last line states:



It never says flat out, Mother has sole custody, so I don't want to assume . If my emergency petition was granted then that implies that while he has partial physical custody, I still have sole legal?

Thanks in advance!

well, from the looks of it, the last order itself is the standing order. but now i'm confused. in that same order, the ex parte is granted, and then vacated.



personally, i think this was a clerical error. i'd pull the transcripts. was there a court reporter present?

 

[3junebugs]

well, from the looks of it, the last order itself is the standing order. but now i'm confused. in that same order, the ex parte is granted, and then vacated.



personally, i think this was a clerical error. i'd pull the transcripts. was there a court reporter present?

No court reporter was present. The masters hearings are tape recorded though. But I would have to pay at least $500 for transcripts. Right now I don't have a reason to do that, I just wanted to know for piece of mind.

From what I got from it, they vacated the one that said I had sole physical and legal so they could enter one where dad had partial physical, i think

All my orders from these courts are like this. It's one reason why we end up in court so often. They are rarely clear.

I don't think it will be an issue before Dec. 7 but I will make sure it is cleared up then.

 

[wileybunch]

I filed an emergency petition 6/5/09. As a result they granted I got an Temporary Ex Parte order awarding me temporary sole physical and legal with visitation being suspended.

As a point of clarification, I don't see anything in what you posted that speaks to LEGAL custody.

 

[3junebugs]

As a point of clarification, I don't see anything in what you posted that speaks to LEGAL custody.

The temp emergency order states "The custodial rights of father as to said child are temporarily suspended until further notice of the court."

Custodial rights would be both physical and legal, right? The master wrote that in after the portion that was prefilled by my attorney asking for sole physical custody. The temp order I'm not as concerned about since it has been vacated.

But in my petition, it asks for all partial custody to be suspended. If it was granted - then wouldn't that mean that all his rights are suspended? (minus the partial custody we worked out)

I am still doing what I have always done before this order as far as sharing info etc. I just want to know what I have before we go back to the table. Having sole legal isn't that important to me. He ignores all my information and questions I send anyway so I will use that to maybe put pressure on something else I would rather have, like his dad getting involved in DS therapy.

 

[justiceadvocate]

I've seen this before and im not sure on your state but the courts here kind of have the same format. When you filed the ex parte you were the only one before the judge so on your evidence she saw just cause to grant the motion. After the ex parte he was notified he could have filed and answer providing cause for you not to have full custody. When you went back in July she gave the previous order then vacated it giving him partial custody until the full report from CPS. The notes from CPS, GAL, and people like that are usually sealed so only the judge sees the notes. It could also be a case that a motion was filed on his behalf. Depending on your laws sometimes you can ask the clerk or the judge herself what is meant or if there was an error