How best to handle a custody situation in which no court order is in place?

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How best to handle a custody situation in which no court order is in place?

My husband and I are separated and are now in the midst of a custody battle that is turning ugly. What are my rights and what can and can’t I do as far as the children? They reside with me, but have spenta bit of time with their father since summer is here. We do not have anything saying who has any kind of custody yet, but the children have been living with me since the day we moved out. School is coming up in the next few days and he is threatening to take them from their existing school and relocate them to his area of residency. There are quite a few things about his home that concerns me of their well being, and I have the feeling he is doing all this, not for the children’s sake, but for his own personal benefit.

Asked on August 31, 2010 under Family Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Frankly, if no court order has been issued, its time that one was.  A temporary order can be granted to handle a situation exactly as this. That's what they are for. Since the school year is rapidly approaching you should be able to get a hearing sooner than later. Speak to your attorney. If you are representing yourself, then go to the clerk of the court where your case has been filed and ask how to apply for such an order.  When your divorce is final a permanent custody order will be issued.


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