Legal Question in Family Law in Georgia
Can I get temp custody if there is a standing order in place
Can I get temp custody if my husband has filed for divorce and has a standing order in place already? I live in VA he lives in GA. What are my rights to getting my son back? How do I get this standing order lifted?
2 Answers from Attorneys
Re: Can I get temp custody if there is a standing order in place
You don't need to worry about getting the standing order lifted. Consult an attorney where the divorce is pending about setting a temporary hearing. The order from the temporary hearing will supercede the standing order to the extent that they conflict.
Re: Can I get temp custody if there is a standing order in place
The person you need to speak to is your lawyer (and if you don't have one, hire one). Most courts issue standing orders that apply to all cases. They do NOT set custody (so either you are looking at something other than a standing order or misunderstand the order). Most courts will set temporary hearings on custody if a party makes a proper request (some require mediation first except in emergencies). Again, you need to be asking your lawyer about this.