How do I stop visitation until he is medically trained to care for her?
A person seeking to stop child visitation until the other parent is medically trained to care for the child may do so with a temporary order. The most important factor in determining whether the temporary order to stop visitation will be granted depends on evidence. Sole child custody gives a parent the right to determine whether their child resides, but doesn’t give them the right to refuse the other parent visitation rights. Visitation rights are granted to the non-custodial parent. It is supervised or unsupervised. Supervised visitation requires a third party watching the non-custodial parent interact with the child during their visitation.
What is a Temporary Child Custody Order
A temporary child custody a motion for a particular motion to be resolved by the court. It could be a motion for visitation rights or sole custody. If the parent with sole custody thinks the other parent isn’t properly trained to handle emergency needs, they may request a temporary stop to visitation rights. Based on evidence presented, the presiding judge will rule in favor of the motion. If the evidence presented shows no need for a temporary stop to visitation, they court will deny the motion.
A parent wanting to stop visitation until the other parent is medically trained to care for their child must file a temporary motion. This requires filing paperwork with the family court over their family court case. This can be done with the assistance of a family law attorney.
Elements of a Temporary Order
A request for a temporary order involves four elements: showing cause, supporting declaration, proposed order for temporary relief and proof of service. The part of the order to show cause is sometimes called “Application for Order to Show Cause.” This is a document that requires the parent with sole child custody to tell the court what they want such as visitation stopped until the other parent is medically trained. This document also requires the non-custodial spouse to show cause why the temporary order shouldn’t be granted.
Supporting declaration is where the parent with sole child custody presents evidence and facts to support their request to stop visitation rights. For example, this is where the parent with sole child custody would provide pictures of bruising, problems with how the other parent provided medication or changed any equipment improperly.
A proposed temporary order that provides the petitioner relief is the third element. This document specifically explains what the parent wants to happen. In this situation, the parent with sole custody wants the non-custodial parent not to see the child until their are medically trained to handle the child’s needs. If the court grants to temporary order, the family court will sign this document immediately.
Proof of service is often required with most family court documents. Family court always needs proof the other parent sent all the required documents to the other parent. Typically proof of service may be sending documents by registered mail.
A temporary order is not always decided in the petitioner’s favor. During the hearing, a judge reviews the details of the motion. They also consider any underlying facts of the case such as evidence the non-custodial parent not properly caring for the child. The judge will also ask questions of each parent. They want to understand both sides of the issue. For instance, the parent with visitation may claim they are medically training to care for their child and present evidence.
The Temporary Child Custody is for a Specific Amount of Time.
A temporary child custody order is set for a certain time. Another hearing may be scheduled to modify the existing child custody order or include changes sought in the temporary order. If parents can work things out prior to any additional hearings, the family court judge may accept the negotiated agreement terms.
The outcome of a permanent hearing depends on progress made in the case. For example, if the parent with visitation rights is order to obtain medical training and doesn’t, they may lose visitation rights. If the parent obtains the needed medical training, they may have their visitation rights reinstated by the family court judge.
Contact a Family Court Attorney about Temporary Child Custody Orders
Child custody orders are complicated and ever-changing. For instance, there may be a need for a parent with sole custody to request the non-custodial parent have visitation time with their child until they are medically trained. To understand rights and what can be done immediately to protect children, contact a family law attorney. This attorney will explain all rights the parent has and how to temporarily stop rights and modify court orders.