smadax,
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The August 2006 Order gave the primary residence to the father on an interim bases, is it too early for my sister to go for custody?
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Basically, I perceive such order was made by the court to perhaps maintain the status quo or encourage stability for the said child. It is not a final order nor is it an order for sole custody.
The interim order such as you mentioned also suggests that there may have been contradictory evidence introduced by the parties for said hearing. An interim order as such keeps the issue of custody open pending trial and both parties on the same playing field. Basically the court has not endorsed trust to either party at this point in time by issuing an interim order for custody.
What should be scrutinized and focused on is how did the parent with the current primary residence manage the ongoing responsibilities of the child. Do they include the other parent into the life of the child? Do they facilitate the child to have reasonable access to the other parent? Do they keep the other parent informed of the results of all medical appointments and education?
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Is it best if she gains scheduled access first and attempt to gain custody in approximately a year if they continue to breech the order?? I fear this method would allow even further alienation of the child from her and make it even more difficult because a precidence would have been set at the residence of his Father for two years by that time!
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Courts generally don’t like to interrupt the status quo if everything is working out fairly well for the child. The problem with your sister bringing forth an interim motion for interim access; The other party may bring forth an order for interim custody at same hearing and an additional order for child support for said child.
If it were me, I would be asking for custody from the start. In competing claims in climates of contradictory evidence, the court may just maintain the status quo and leave the issue for custody pending trial where they could observe the demeanor of the parties, and may ask questions. I would also cover the bases and ask for liberal access in the interim.
lv