Tim and Linda were married and had one child. The couple divorced and for a number of years shared a 50/50 custody arrangement of their son. Tim was paying monthly support to Linda for their child. Tim came to us after Child Protective Services (CPS) opened an investigation against his ex-spouse. Not knowing how long the investigation would remain active or the results that would come of it, Tim came to us to best assess his options.
We provided information regarding the law on child custody and advised Tim of the different routes he could take. We were able to get an emergency custody order granted which provided that Tim have sole legal and physical custody of his son.
Being that an emergency order is only in place for a short period of time, we strategically thought about our next step. Knowing that the CPS investigation was coming to a close and the agent could determine that the claims were unsubstantiated, we had to determine the strengths of Tim’s case and what was in the best interest of the child. We were able to go before the Court and obtain a temporary custody order, with Tim continuing to have sole legal and physical custody of his son. To reflect the new custody arrangement, we also moved to modify Tim’s child support payment to where he no longer had to pay support to Linda for their son.