When can temporary be filed?

[Kristyna]

What is the name of your state? WA

This is for my brother. His wife left him and their two daughters over 3 yrs. ago. My brother filed for divorce, finally, and she responded that she wants custody of the girls.

He is very concerned about losing custody for the girls' sake.

My question is, can he or should he file for temporary custody before the hearing? Does it matter?

Thank you.

 

[bulldogg70]

What is the name of your state? WA

This is for my brother. His wife left him and their two daughters over 3 yrs. ago. My brother filed for divorce, finally, and she responded that she wants custody of the girls.

He is very concerned about losing custody for the girls' sake.

My question is, can he or should he file for temporary custody before the hearing? Does it matter?

Thank you.

You left alot out here, but going with what you said and making some assumptions I will attempt to answer your question.

Let's face it, if she has been out of her own childrens life for three years a reasonable court would not grant her custody of the children, let alone full custody. However, and do not be attonished that they would want something to take place, and your brother should support this as well.

He can move for temp orders, which if he never had custody or parenting time issues in place before now would be a good time to do it. We would not want anything unusual to happen.

However working in this field for awhile I can almost assume that her wanting to have 'full' custody of the children although not being in their lives for three years is more of a move because of the paper work rather than a devine interest in her children would wither away if you did not pursue CS. I think when it is all said and done, unless she got help and really decided to be a real mom to her children that she will go away with the paper work as well.

 

[Kristyna]

Thank you for responding.