Ask A Lawyer: Can A Court Reverse A Custody Order?

 

Question:

Once there is a "temporary court order" for "physical and legal" custody granted to one parent (mother) on a 5-year-old, what are the chances that the Court would reverse the order in favor of the other parent for custody after the divorce is final?

 

 

 

Answer:

You need to consult an attorney in your jurisdiction as custody guidelines vary from state to state.  Once a court establishes a custodial arrangement, it is difficult to reverse the order in favor of the other parent.  You would need to show a change of circumstance to demonstrate to the Court why it would be in the best interests of your child to reverse the order and the longer the order is in place the harder it is to reverse the order.

 

Tiffany A. McFarland is a Senior Attorney and Litigation Manager with Cordell & Cordell, P.C. in the Overland Park, Kansas and Kansas City, Missouri offices. Ms. McFarland practices exclusively in the area of domestic relations. 

Tiffany is licensed in the state of Missouri and the state of Kansas and is certified as a Guardian ad Litem.

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4 comments on “Ask A Lawyer: Can A Court Reverse A Custody Order?

    Temp orders and divorce
    I was curious I am here in Arlington,texas and have gone to court in tarrant county. I actually filed a retsraining order against my wife due to she would talk a lot about killing herself. Well when we went to court she told the courts how she put a protective order against me back in 2007 which was for 2years, but there was not family voilence found. Well she comes back to me and and then marries me. Well the judge comes out at the hearing for a divorce and an amicus gets involved. The judge looks at me like I am a criminal and decides to do the temp orders I see my daughter every weekend and her mother gets her through the week. She went and got a job before the court eharing, but got fired 2 months later. I have been on my job 4years. We were both orderd to take classes I had to take a BIP class and she had to go to a batter for women class. Even if me and my attorney do a motion I just feel that the judge will still award our daughter to her mother. She was ordered to undergo a psychological evaulaution and has not done it.

    I sighned temp. custody (New Jersey) of my then 2 1/2 year old daughter to my mother. She is 7 now and i want her back with me. My mother is not allowing it. How can i get her back??? She lives in Jersey and i live in Florida… PLEASE HELP ME.

    Mother fails to comply court order in NC!
    Has been 4 violations of court order which mother have copies, such of violations stands as fallows;
    3 Fathers day visitations =6 days has been denied by mother
    21 days = of 4 consecutives years of Religious holydays has
    been denied by the mother
    112 days = of 4 summer vacations has been denied by the mother and
    4 weekends has been denied by the mother.
    Can the court Reverse the Custody on my behalf due fail and obey court order.
    Thank you.
    Eric

    retract custody?
    i signed over custody of my daughter to my mom 7 yrs ago. i was 16 at the time, my mom bullied me into signing over custody to her. i’ve been trying to nicely get my mom to give me custody back for the past 5 yrs and she refuses, this was in nc. i was wondering if i could go to the lawyer who we seen and maybe retract the custody. plz help

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