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custody battle?

Posted by on Feb. 20, 2010 at 5:02 PM
  • 8 Replies

Once a petition to go for custody comes into effect, does anyone know how long it takes to get results? Like if somone has to petition for paternity and then wait for those results, then start a custody battle, how long until you have answers?

by on Feb. 20, 2010 at 5:02 PM
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Replies (1-8):
hailnbray
by on Feb. 20, 2010 at 5:04 PM

 it depends on the court and how busy the are. I know a father who put in 2 years ago and its still going on. they go back and forth not agreeing over anything

bellaamore
by on Feb. 20, 2010 at 5:13 PM

You can get your lawyer to do an emergency injunction for temporary custody until your court date.  That is all I can tell you...ther than that, the court can be as slow as they want.  If one lawyer isn't in contact with the other, and that one with the judge, then it can go one for months.  We JUST got everything done, and it has taken 5 years..and we may be going back again soon.

Push for an emergency injuction until court, atleast this way, you will have on paper who the child is to be with and that cannot be argued.  Otherwise, without legal notice of custody, either one of you can take the child and hold onto it for as long as you wish without punishment until custody is decided.  And, you should know....99% of the time, whoever the child lives with before court, they stay with, as not to remove the child from their home environment.

KonnorsMom08
by on Feb. 20, 2010 at 5:13 PM

Oh mama, these things can take foreeeeeeever. Once you file papers, the father has 30 days to respond (in most states, the laws may be different in some places). Once they respond, they'll set a court date which depends on the county and how busy they are, then he'll have to do the dna test and legitimize himself as the father, then another court date where you'll be ordered to mediation. Basically, no judge wants to have to make the decision - he wants the parents to come to an agreement on a parenting plan TOGETHER. So it's likely you'll get ordered back to mediations more than once. This can go on for a while if the parents can't agree. From there, if no agreement yet, a judge will appoint a guardian ad litem for child and they'll give advice on what they see as in the best interest for the child (after examining both parents, their homes, etc..) It really just depends on your willingness to compromise with the father and if the two of you can come up with a parenting plan you both agree to.

Good luck, I'm in the middle of a pretty nasty custody battle myself. Not much fun at all if your child's father is anything like mine...You can pm me if you ever need anything.

Trinity12.06.08
by on Feb. 20, 2010 at 5:20 PM

I just recently went through custody and it actually lasted....3 months! OInly because we both withdrew the petitions. I only petitioned for custody because he took me to court for it, so I cross petitioned. He was going downhill and withdrew, so I did as well.

But they can go on for a long time, well over a year and like the first reply stated, over 2 years.

2MonstersxMommy
by on Feb. 20, 2010 at 5:29 PM

Paternity tests take a few weeks, custody lasts however long the parents want to drag it out for disagreeing on stuff and how busy the courts are. If both parents can come to an agreement, then no need to involve the courts and hire an attorney to draw up paperwork-the end.

God Bless

SingleMama16
by on Feb. 20, 2010 at 5:58 PM

Ok. So if someone takes you for visitation, does it happen like right away. Like lets say I go tuesday for court, would he have visitatino set up by wednesday ?

bellaamore
by on Feb. 20, 2010 at 6:06 PM

Well, we went on a Wednesday, and the visitation started immediately after the already paid for daycare.  It depends on the terms your lawyer and his set.  In our case, it was return her money for daycare or get him after, you know?

Quoting SingleMama16:

Ok. So if someone takes you for visitation, does it happen like right away. Like lets say I go tuesday for court, would he have visitatino set up by wednesday ?


karischub
by on Feb. 20, 2010 at 6:08 PM

One of my coworker's daughterhas been dealing with this for two years.

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