Q: What paperwork do I need to file with NYS Courts to vacate a temporary custody order that is in place?
I want to vacate a temporary custody order that was put in place in 2015. I want to file for full custody for my son. What paperwork do I need to file?
In addition because of this, I need to terminate the child support I am paying for children that are not mine. What paperwork do I need to file?
Thank you and God Bless!
A:
A common misconception among family court survivors is that a form can fix things, hence the question about what "paperwork" to file. There is far more information needed and a consult with a lawyer may be necessary.
Initially, temporary orders of custody evaporate once an underlying proceeding is ended. It can be ended by a withdrawal which failed to result in an order of dismissal and vacatur of the temporary order. The order is gone, but there was nothing to vacate it, so the impression is that the temporary order is still in effect.
As for a petition to challenge paternity, this requires some details. Without those, we would be speculating. Ordinarily, a questionable order of filiation requires fast action to fix. The more time a bogus order of filiation continues, the more the asker is estopped (prohibited) from changing that order. As we don’t know any of the particulars, we really cannot answer the basic question.
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