Cohen Family Law Firm


Will Temporary Orders Become Permanent Orders?


Temporary orders do not always become permanent orders. In fact, very often the permanent order will end up being very different from a prior temporary order in a custody case. Sometimes, it’s very similar, and it really depends on the case. Custody cases are very fact-specific, and so it’s hard to generalize about facts, and how that could potentially impact the way any case would play out.

What Are The Possible Remedies If I Disagree With a Temporary Order?

In a situation where a judge issued a temporary order in a custody matter where there was no existing custody order and the parties could not agree, the judge could enter a temporary order until a pending custody hearing. If a party disagreed with that temporary order, then the appropriate remedy would be to file a motion for reconsideration with the judge who issued the temporary order, and then attempt to persuade that judge that they were in error. Perhaps the judge would agree to modify the order to be more along the lines of what the party would like.

What Types Of Motions Can be Filed In Family Law Courts?

The most common motion is a motion for expedited relief. This is a motion essentially asking the court for either a temporary order, because one party is keeping the child or children from the other party, or asking for an earlier court date, because the custody court date is so far out into the future. The second most common is a motion for a special relief, which could cover anything that came up that needed to be addressed during the course of a custody matter.

What Is The Motion To Show Cause?

We don’t have the motion to show cause here in Pennsylvania. It’s called a Rule to Show Cause. Essentially all that is, is the notice of the court date that accompanies the motion, and advises the other party as to when the hearing is, and to show cause as to why that motion should not be granted. It is the form that has the date and time of the hearing on the motion.

How And When Can I Bring A Motion In Family Court?

A motion can be filed either pro se or through your attorney. It can only be filed after there is an existing custody case, so you would have to file a complaint for custody prior to filing any motions.

How Can My Attorney Asist Me In Filing A Motion?

People file motions on their own all the time. Depending on which county you are in, there are varying levels of customer-friendliness or customer service, but in Philadelphia, people file motions by themselves all the time. I have clients who come to me after they have filed the motion, and they want representation at the hearing, so I will be happy to help those folks. If someone comes to me with an issue, and I identify it as appropriate to file a motion, then that’s something that I will handle for my clients. I will make sure its filed appropriately and timely, and that we get a reasonably prompt court date.

For more information on Temporary Orders Becoming Permanent, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (267) 238-3841 today.

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