Does temporary custody expire?

Asked in Vallejo, CA - over 1 year

My husband and I are going through a long divorce with no end in sight. Can the temporary custody that I have expire or be changed?

Attorney Answers (3)

Linda Calderon Garrett

Fairfield Divorce / Separation Lawyer

Licensed in CA

Answered over 1 year ago. Technically speaking, all custody orders are temporary--not permanent. Why? Because they are subject to change by either party, at any time, upon a showing of a significant change in circumstances--of the child and/or the parents.

Unless stated otherwise on a court order, temporary custody orders do not expire. However, should circumstances change warranting a change of the custody order, then, either parent is entitled, so long as the child is a minor, to return to court to request a change in the custody terms. For example, a current custody order may reflect 50/50 physical and legal custody; however, let's say one of the parents needs to relocate to another state for employment purposes. At this point, the parties have two options: 1) stipulate to a change of custody--with the court approving the stipulation (agreement); or, if parties can't reach agreement, then one party filing a motion for a change of custody--with the judge making the final decision.

In sum, as a general rule, there is no expiration on "temporary custody orders" as any orders relating to children are, in essence, temporary--as the needs and circumstances of children and their parents invariably change with the passage of time.

PLEASE READ--before emailing, commenting or calling: As a rule, I do not respond to "comments" that are designed... more

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Donald Frederick Conviser

Woodland Hills Divorce / Separation Lawyer

Licensed in CA

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Answered over 1 year ago. Temporary custody will when the child becomes an adult. Also, temporary custody will expire if the case is dismissed - which could occur if the case is not brought to trial (or otherwise resolved) within five years of the date of filing unless there is a temporarly Child or Spousal Support order in place, or marital status has been bifurcated and severed.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more

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