Temp custody hearings

hesperfect

Dh has a temporary custody hearing set on Weds. This is for temp custody for the kids and for control of the medical decisions of the boys. To make a long story short we have evidence of meds not being given to the children. Also BM doesn't make the best decision for the children as they are better for her.

Has anyone ever been through one of these cases and what can we expect? Will we wait for a decision or will the clerk have the judge look over it and give it before they leave the court?  We know that the custody case will be set after this and it will be a hard road to go through for everyone.

hesperfect

Maybe some back story will help. Dh and I have been married 2 1/2 years. The boys are 7 and 5 1/2, both have issues. The oldest is ADHD, OCD and has anxiety disorders. He is not medicated at this time as he has a really great teacher who doesn't see the need in meds as he is good well in her class. I must also say this is his 2nd year in kindergarten. The youngest has asthma and RAD reactive airway disease. He has meds that must be taken everyday to control this. He had major asthma attack in Jan that landed him in the hospital for 4 days. Right after this we knew that we had to do something for the boys health. As Bm has only filled the meds twice in 9 months. When a dr said he was going to investigate the insurance records, she no longer wanted to see this dr. We have had to get our own prescription as she will not send meds to our house. We are asking for full custody and full medical decisions. As they have joint physical and leagal custody right now.

MissSusieQ

We went through a sort of similar situation with my BIL and nephew. The only difference was my BIL, DH and I went to his house to pick up some items. BM wasn't there but nephew was with people we didn't know. Mind you there was no custody in place yet. BM and BIL split the day before. BIL took his son and filled imidiatly for emergency custody. BM has lost all her rights because she didn't want to fight for her child. She is a drug abuser and hasn't seen her child in 2 years. The first court hearing the judge awarded temporary custody and then went from there. GL!

BTW your kids are cute! Love the pic.

hesperfect

Thanks they are great kids. 

gasper

We have been fighting an uphill battle in our case.  The last time we had a custody hearing the ex (BM) didn't show up and to avoid contempt charges went ahead and took our settlement agreement but has not complied with that agreement yet, so we are in a never ending waiting game.  Hopefully because you are taking early action and have definite proof of medical neglect the temp hearing will go your way and then in 6-12 months you should be able to get primary custody.  My best advice is make sure the orders are VERY clear about her responsibilities and CONSEQUENCES if she doesn't follow them and then enforce,enforce,enforce. 

good luck!