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  1. #3
    Join Date
    Feb 2011
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    576

    Default Re: Mother Mistakenly Signed Final Custody Order Believing It Was Temporary

    Quote Quoting mididen
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    ...At the hearing the judge stressed that this was not a temporary order, but that it was a final custody order (permanent).

    ...The mom began paperwork to have a hearing on the subject, hoping that the judge would hear her side and return her children to her

    .... the hearing took place to determine if any further actions would be taken. As of today, the judge made no changes to the final order and her children will not be returned to her.

    This is very difficult to understand in light of the fact that numerous parents of questionable character have their children returned to them; children that were removed by the state...
    This should NOT be very difficult to understand in light of the fact mom voluntarily relinquished custody. This despite the fact that although the judge STRESSED to her the order was permanent, mom chose instead to believe someone else who said the order was temporary and easy to change.

    The first thing that needs to be understood is exactly what occurred at the last hearing to change custody. If mom's filings were legally deficient, which is highly probable, it may be that in itself was enough for the judge to dismiss her request for change in custody.

    IF the circumstances at the time of the custody change was such that mom was unable to properly care for her children, AND IF the circumstances now are that she can care for her children, that is arguably a significant enough change in circumstances of a parent to support a petition to modify custody.

    That said, if mom tries to wing a custody change on her own she will get nowhere, as has already been shown. She needs to find an attorney to review and handle her case.

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