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how long does a court order procedure take for custody or?

My girlfriend wont let me see my daughter. She is 3 and a half weeks old so I am taking her to court. The attorney is getting me my paperwork by the end of the week…we just got things started…how long am i looking at before I get my rights and visitation schedule issued from the court?

First you need to ask your atty to file an emergency injunction for temporary custody. This will allow the judge to order your ex to allow you to see your daughter a specified number of times per week so that you can see her while the battle is going on. The length of the case depends on a lot of factors: Do you both have attys, how many witnesses you each call, how long your testimonies take, the judge may assign a forensic evaluator who visits your homes, talks to other family members, does background checks etc, and how willing you two are to work out an agreement. The judge may order you and your ex to go to mediation to try and work out a schedule on your own. The entre case could take months. My husband and I just got through a custody battle with his ex. We filled the first week in march of 08 and the case wasn’t ended until dec of 08. Of course there is less involved in your case because your daughter is a newborn. This also has a lot to do with the decision the judge makes. If your daughter is breast fed you may not get a ton of time with her. You may need to go back to court when she is like 1 yr old to have a new arrangement drawn up. Just some friendly advice: try not to badmouth your ex too much or bring up anything negative that you don’t have hard core proof of and that directly affects her ability to mother your daughter. Judges hate it when you spend a bunch of time talking about what a bad person your ex is instead of all the positive reasons you should have joint custody. It will also help your case if you can prove you have all the necessary supplies to take care of your daughter when she is in your custody like a crib, bottles, baby bath, etc.

One Response to “how long does a court order procedure take for custody or?”

  1. flutterbye71108 Says:

    First you need to ask your atty to file an emergency injunction for temporary custody. This will allow the judge to order your ex to allow you to see your daughter a specified number of times per week so that you can see her while the battle is going on. The length of the case depends on a lot of factors: Do you both have attys, how many witnesses you each call, how long your testimonies take, the judge may assign a forensic evaluator who visits your homes, talks to other family members, does background checks etc, and how willing you two are to work out an agreement. The judge may order you and your ex to go to mediation to try and work out a schedule on your own. The entre case could take months. My husband and I just got through a custody battle with his ex. We filled the first week in march of 08 and the case wasn’t ended until dec of 08. Of course there is less involved in your case because your daughter is a newborn. This also has a lot to do with the decision the judge makes. If your daughter is breast fed you may not get a ton of time with her. You may need to go back to court when she is like 1 yr old to have a new arrangement drawn up. Just some friendly advice: try not to badmouth your ex too much or bring up anything negative that you don’t have hard core proof of and that directly affects her ability to mother your daughter. Judges hate it when you spend a bunch of time talking about what a bad person your ex is instead of all the positive reasons you should have joint custody. It will also help your case if you can prove you have all the necessary supplies to take care of your daughter when she is in your custody like a crib, bottles, baby bath, etc.
    References :
    gone through 2 custody cases and too many child support cases to count.

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