Q: How do I go about withdrawing from a temporary child custody order?
CONSENT TEMPORARY ORDER ON PLAINTIFF'S PETITION FOR LEGITIMATION AND CUSTODY OF A MINOR CHILD
Does it have to go in front of the judge? Do I file a motion for this? If so, how?
A: If the Judge already signed off on your temp order and you now want to change it, unless it's by agreement you likely will have to go back before the Judge. Getting Orders changed is something that most times requires the assistance of an attorney. We are happy to assist.
A: You will have to file a motion to try to change the order. It is unlikely to be successful unless you have a very good reason. "I changed my mind" is not a good reason.
A: You can't withdraw from a temporary order. A temporary order is temporary. It is in place until the court can enter a final order. If there is something you want to amend on a final basis, you will need to convey that to the court at your trial or if you and the other party come to an agreement. If you are the plaintiff and you want to withdraw you petition altogether an abandon the case, then you will need to file a dismissal, which should not be an issue, unless a counterclaim has been filed by the defendant. But in order to get a real answer to your question more explanation is needed, and you should speak directly with an attorney for a consultation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
