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.
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