I need a little bit of help figuring something out!
Recently, my husband filed for full physical custody of his daughter because the mother is in jail again. He was awarded full temporary physical custody until March when BM gets out of jail and can make a case for herself I guess (it was 5050 previously.) Now, when he went to speak to the GAL she told him that BM has not filed for custody or visitation. Is this required? Is she required to counter-file for custody whether it be 5050 or full or whatever, or visitation, or does she just have to show up at the court date and argue why we should not have full custody? If she does not file for anything, what will happen at court? If filing is necessary, and if she does not, will the custody battle be between him getting full physical and them going back to 5050 or is the 5050 irrelevant now that the new custody order, although temporary, is in place? Thanks if anyone has any advice!
She doesn't have to counter
She doesn't have to counter file. She shows up at the hearing for permanent custody and states her case. Best advice for you is get a lawyer.
Unfortunately we cannot
Unfortunately we cannot afford a lawyer. Luckily she can't either..and she is still in jail, though will be out shortly. If my husband gets anything other than what he is asking for (full) he is going to flip out though.
Ok, that is what I thought,
Ok, that is what I thought, but I wonder why the GAL said that she hadn't filed for visitation or custody...! LIke....uhhh was she supposed to?
If he does get custody will the judge also rule on her visitation?? Or does she have to file for that after the fact?
Maybe what the GAL said was
Maybe what the GAL said was that BM hadn't filed for visitation (because dh has full custody right now) and my husband did say that the GAL had not realized that BM was in jail even though she was at the previous court date and has not received any replies from BM since that court date. So, maybe she meant that BM didn't file for visitation during this period of my husbands temporary full custody. Thanks