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

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. 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 is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.


  2. 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. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445


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


  4. 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 attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.