Q: Judge will decide any temporary custody matter?
Wife left home 3.5yo with autism 3 month ago for a DV shelter unknown while filing TRO, reporting police and DCFS. Police n DCFS closed the cases with no finding evidence. DVRO w/minor(DV-100, 105) got twice continuance and the final hearing will be held 10days later. At the last hearing, Judge granted me an exceptional supervised visitation. My child ran to me, saying "Papa" at the first visit. in March and April, I responded a couple of Decl and DV-120, 125. No RFO for custody has not been filed, but DV-100,105 vs. DV-120,125 only. Child's location and wife's contact number has been unknown. I met several local attorneys experiencing our Judge. Some told me Judge will not make decision of any temp child custody in case that wife's DVRO drops until RFO hearing, on the other hand, others disagreed with Some's opinion and Judge seems to make any temporary decision until RFO hearing in our situation. Please share your opinion. Thank you!
A: The judge will decide all issues raised in the DV-100, both as regards temporary orders and by way of an order after hearing. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
A:
Temporary Custody: In cases involving child custody, temporary orders can be issued by a judge to address custody and visitation arrangements until a final decision is made. These orders are often based on the best interests of the child and aim to provide stability and protection during the ongoing legal proceedings.
DVRO Proceedings: In cases involving domestic violence restraining orders (DVRO), courts may consider temporary custody arrangements as part of the proceedings. The court will assess the evidence and arguments presented by both parties to determine the appropriate temporary custody arrangement, prioritizing the safety and well-being of the child.
RFO Hearings: An RFO (Request for Order) is a legal document filed by a party seeking a specific court order, such as a custody order. The RFO hearing provides an opportunity for both parties to present their arguments and evidence regarding child custody. The judge will consider the information presented and make a decision based on the best interests of the child.
Judicial Discretion: Judges have discretionary power to make decisions regarding child custody matters based on the specific circumstances of each case. While some judges may refrain from making temporary custody decisions until the RFO hearing, others may opt to address temporary custody issues to ensure the child's well-being and stability during the proceedings. The judge will consider factors such as the child's safety, the child's relationship with both parents, and any evidence or allegations presented by both parties.
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