Will the judge grant me the temporary custody order to the final decree
my ex husband has vistation order of our 5 years old son 1st, 3rd, 5th and return him sunday at 6pm, out of my free will i let him keep til monday at 8 dropping him off at school for him to get engaged. I stop that because my child school has been calling me about improper uniform dress, wearing sandals to school, and my son been telling me his dad hasn't not been giving him baths. My ex wants extendend possesion, could that happen
It is possible that a judge could grant extended visitation, however the facts ou outline will be good reasons for the Court to deny the request. Contact a family lawyer, with plenty of time before the hearing, to get arguments prepared to protect your child from ongoing problems with school. Good luck
This answer is general information which does not establish any attorney-client relationship between the person... more
This answer is general information which does not establish any attorney-client relationship between the person asking a question and the person answering, or a duty to respond to ongoing questions; nor is it intended to replace competent legal assistance in the jurisdiction where the matter/issue arises or is before a Court.
Generally, if a parent elects extended visitation, they can get it unless there are reasons why they shouldn't. Right now a judge would probably let him have extended standard if he wants it and you don't fight it, mainly because that's how things have been operating to this point. It could happen. I recommend you talk to a lawyer so it doesn't.
There is a good chance that the Judge would grant extended visitation since you were allowing it. But, if you stopped the extended visitation and can show that it is best for the child to not allow extended visitation, the Judge may rule in your favor. You should hire an attorney to guide you in this matter.
The term you are speaking of is an Expanded Standard Possession Order. Unless, you have a legitimate and documented reasons for requesting the court to deny his requested for an expanded SPO then he will likely be awarded the overnight to Monday and the overnight Thursday to Friday.
Typically the courts look at the distance involved between the noncustodial parents residence and the child's school, the time involved with the travel involved, the child's wake up time on Mondays or Fridays (as applicable), the numbers of absences or tardies noted during the other parent's overnight period of possession, etc. and are all relevant factors the court will use to determine if the overnights to Monday mornings are in your child's best interest. A child's statements in most instances are hearsay and will not be allowed to be used as evidence in the court proceeding. In fact, a good suggestion is to allow your soon to be ex a few opportunities ( enough where you can establish a pattern of conduct) to " mess up" and document these occasions. You should monitor each of these occasions, talk to teachers about any mishaps on his drop off days, such as the child falling asleep, not being prepared, inappropriate attire, etc. and call that teacher or school official as a witness. Outside witnesses with personal knowledge such as teachers are the best witnesses in family cases.
Every case has a different set of factions but your attorney should be able to best advise you based upon the facts in your particular case.