Will the court give you custody of the children immediately or is there a process beore you get them back?

Asked 10 months ago - Clearwater, FL

I submitted a petiton to modify parenting plan, will I get my children back immediately after the trial or do I have to wait a little longer before I get them back?

Attorney answers (4)

  1. Tami Lane Augen

    Pro

    Contributor Level 17

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    Answered . There are not enough facts in your question to provide you with a clear answer. It depends on how long you have not been with the children and the reason that you were not with the children along with the age of the children. If, for example, you were not with the children for a long time period and the children are very young, there may be a reintroduction or phase-in period. If the children are older, and therefore, know you, are bonded to you, would have no issues with remembering you, then the modification may be effective immediately. I would urge you to consult with an attorney to discuss your specific facts and circumstances.

    This answer is for general informational purposes only and should not be relied upon for your particular case nor... more
  2. Carin Manders Constantine

    Contributor Level 19

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    Answered . Ms. Augen is correct. I practice in your county and there are not enough facts to answer fully. Usually, however, the Judges in Pinellas County will have a period of time to 'reintroduce' a parent to a child if a major change in time-sharing is ordered. Good luck.

    This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq.... more
  3. John Arthur Smitten

    Contributor Level 18

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    Answered . If you win the case the court will order a transfer of custody to you forthwith (immediately), in most cases

  4. William Charles Rosenfelt

    Contributor Level 20

    3

    Lawyers agree

    Answered . It all depends on the judge and whether he rules at the trial and then it depends on how he rules as well. How are you so sure that you will prevail?

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the... more

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