I entered into a rule 69 agreement May 18 th of last year . It is my understanding that it expired May 18 th this year . It does not specify any thing at all about what happens after that. The other party has " temporary custody " and I have had supervised visitation along with drug test the past year and have successfully complied entirely . The other party has continually failed to comply from day 1 and we have obvious disagreements . I know I need to change ( modify ) custody and fear it's going to be a while before I see a Judge and what to do until then ? Thank you for any help you may offer
Does the order specify expiration? That would be unusual. Fortunately, even if it was intended as a persistent order, most custody orders can be modified after one year upon either party demonstrating a continuing and substantial change in circumstances. Additionally, and perhaps applicable to you, substantial noncompliance can create another basis for modification.
It does take awhile to get through the court process so you may want to consider temporary orders if you need expedited relief. I'd encourage you to take advantage of a free consultation with a family lawyer before taking any steps. The consultation will allow an attorney to go into greater detail than this website allows.
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Regardless of whether your Rule 69 Agreement expired, you would still be permitted at this point to file to modify the previous order/agreement, as one-year has lapsed.
Along with your modification, you may also want to file requesting that the court issue temporary orders regarding the parenting schedule, and address whether there is still a need for supervision and drug testing, considering you've completed all that has been required of you.
You may want to consult with an attorney to understand a bit more about this process and the likelihood of the success of your claims. I wish you the best of luck!
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