Thursday 24 July 2014

I filed custody papers. If he does not contest before the 30 days do I legally have to take my daughter or do I have to follow the other ter...

Question

I filed custody papers. If he does not contest before the 30 days do I legally have to take my daughter or do I have to follow the other terms until the actual court date?



Answer

You have to follow the current court order until the court date. You have to remember you put a motion in to modify or establish custody. This is not an order, but in its most simplistic form, a request/demand. The court then determines whether your request/demand is reasonable based upon the family code (after going through meaningful mediation). Thus prior to a hearing the current order will remain in full force and effect and you should follow it.



Answer

If you filed a motion requesting a parenting order and properly served the other side, you need to get a court order confirming the parenting order you seek.



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