I'm currently in a custody "battle" with my husband. The associate Judge has made her recommendation and temporarily ordered that my husband pay child support, has standard visitation, and pay for a social study. She asked that i prepare the temporary order based off of this. I scanned the documents to my husband via a parenting app requesting his signature and reminded him several times via the app and text messages. However he doesn't acknowledge it at all. Instead he filed an appeal against the Judges recommendations although i haven't submitted the temp order that requires her signature. At this point, could i file a motion for contempt? He was advised during our hearing that the documents be completed within two weeks as well as help decide on a daycare in between our homes that we can agree on. He isn't cooperating. What are my options please???
An appeal of an associate judge's decision must be filed within 3 working days. If this was done it probably stops any ability to enforce the judge's order, but in any event until the order is signed by the judge it is not enforceable. The appeal is "de novo" meaning a whole new hearing, a complete retry to the District Court Judge. The appeal is supposed to be handled as a priority matter and I think the appeal is usually set within 30 days but I don't remember the time limitations which may be in the family code. Most of the time the district judge will support the underlying order but not always.
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