Does the father have to go before a judge upon his release for the father to modify the temporary custody though he had full custody previously? 10 Answers as of May 05, 2014

A father was granted full custody of a child but then somehow he was arrested and temporary custody was granted to a family member.

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Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
If he wants to make sure he doesn't' get into trouble, yes. He should consult with a local attorney.
Answer Applies to: Idaho
Replied: 5/5/2014
Diane l. Berger | Diane L. Berger
Yes. The temporary Order would be the prevailing Order until a new Order is entered.
Answer Applies to: Nebraska
Replied: 5/5/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
He will need to appear in the emergency custody case to request that the child be returned to his care.
Answer Applies to: California
Replied: 5/5/2014
John Ceci PLLC
John Ceci PLLC | John Ceci
It depends on what the temporary order says; if it says nothing about custody once father is released then you need a new order.
Answer Applies to: Michigan
Replied: 5/5/2014
Trendowski & Allen, PC
Trendowski & Allen, PC | Gregory Allen
The only way to change a court order is by going to court. You cannot change a court order by agreement unless you get a judge to accept the agreement and make that an order of the court. If temporary custody was granted to someone else while he was incarcerated then that order is still in place until the court modifies it again. However, I have not seen the actual court orders in this case. It is possible that the order contained a contingency that allowed the custody to revert to the father after he was released, that is unlikely. Generally, the courts want to see the parties again before modifying orders to ensure that the new orders are in fact in the best interests of the children, which is the guiding principle that applies in custody cases.
Answer Applies to: Connecticut
Replied: 5/5/2014
    Fran Brochstein
    Fran Brochstein | Fran Brochstein
    In Texas if a judge entered a new order that order controls until further order of the court. Dad needs to talk to an experienced family law attorney about what to do next.
    Answer Applies to: Texas
    Replied: 5/5/2014
    Law Office of Andrellos Mitchell
    Law Office of Andrellos Mitchell | Andrellos Mitchell
    Whenever you want a modification of a an agreement in Family Court, you need to go back before the court.
    Answer Applies to: District of Columbia
    Replied: 5/5/2014
    Law Office of William Stoddard | William Stoddard
    Your facts are not clear.? You say temporary custody was granted. A family member (her family or yours) could only get such through a third party custody proceeding as they had not standing (not part of the case between you and the mother.)? The answer to the question is, yes, you have to present yourself in front of a judge in the third party case to say I am now out of jail, I have solved the deficiency I had for having lost custody for a time, and I should now have custody of my child(ren.)? If your original order giving you custody was from a dependency, then the question is would the dependency court agree you have resolved any problems with you having custody.? The third party court might say, prove you are okay now - meaning get a psych evaluation or pass a drug test given over two or three weeks, just to give them some basis for proving your statement.? Keep in mind it is the safety of the children, not your possessary "right" to have them. So expect to have to prove you will keep them safe, no matter why you got arrested.? Now if the mother with the help of family got the court in the file where both of you had standing, the answer would be the same, yes, you have to appear before a judge to undo what was done because of your arrest, but the process will be more complicated.
    Answer Applies to: Washington
    Replied: 5/5/2014
    John Russo | John Russo
    Somehow he was arrested, interesting, guess that means he can't understand why. Yes he will have to file a petition to regain custody and placement, and it will be up to the court, unless the temporary order states within it's four corners something like, That upon father's release the minor child shall again reside with father, and this order will be self vacating, Which I doubt very much it does say.
    Answer Applies to: Rhode Island
    Replied: 5/5/2014
    Law Office of Linda K. Frieder
    Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
    Unless the temporary order says, upon the release from jail, custody reverts to the father, he must file a RFO to modify custody.
    Answer Applies to: California
    Replied: 5/5/2014
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