Does temporary custody have to be reversed in court?

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Latest post 06-10-2009 4:36 PM by jmc331. 5 replies.
  • 06-09-2009 6:06 PM

    • Diana71
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    Does temporary custody have to be reversed in court?

    My husband was given temporary custody of his son while his mother was deployed.  She has since returned and wants to pick up thier son.  The problem is that their son wants to remain with us.  He told his mother and she is insisting that he move back with her.  The court order specifically says that my husband will have temporary custody "while the defendant is deployed to Iraq".  My question is, does she have to file to reverse the court order or can she pick him up as she plans to.  Their son is 15.  We are in PA and my husband's Ex is in NJ.

  • 06-09-2009 7:42 PM In reply to

    Self-executing . . .

    Is she still deployed to Iraq?  If not, the order appears to terminate by its own language.  Kind of hard to go into court claiming she shouldn't get custody if the language is there.

    Children are children and they DO NOT decide where they will live.  If Mom had custody and the boy said he didn't want to visit Dad, that wouldn't go far with Dad, right?  Can't have it the other way then.

  • 06-10-2009 8:21 AM In reply to

    • SPlum
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    Re: Does temporary custody have to be reversed in court?

    I agree with Ford, the language is very clear in the order that Dad's custody was temporary and ceases upon Mom's return from Iraq.  Mom is back, temporary custody is now done, child goes back to Mom.  

     She does not need to file, the order already states what is to happen and children have no say in custody matters.

  • 06-10-2009 10:03 AM In reply to

    • Drew
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    Re: Does temporary custody have to be reversed in court?

    That may not be complete answer. Order appears to say Dads custody ends when EX returns from Iraq.

    But what does that order or a prior order which is not extinguished say as to who has custody absent the Iraq issue?

    In short who has custody by order if Mom is NOT deployed to Irag?

    If order says Mom then so be it!  But what actually does it say?

    That probably counts as the starting point.

     

    Its NOT up to kid to make up his own rules!

     

     



  • 06-10-2009 11:03 AM In reply to

    • Diana71
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    Re: Does temporary custody have to be reversed in court?

    We figured the order wouldn't have to reversed, but wanted to make sure.  Thanks. My husband is okay with sending his son back to Mom, but also feels torn because his son wants to stay.  My step-son loves both parents but is an only child at his Mom's, whom has always had custody.

  • 06-10-2009 4:36 PM In reply to

    • jmc331
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    Re: Does temporary custody have to be reversed in court?

    In NJ the courts will listen to a child once they reach a certain age... not saying they will side with them, but they will listen to testimony from the child in the case.

     

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