Question:

What does this mean in court decision for children custody decision?

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The mother went to court and the father did not come. The judge gave temporary legal and phyical custody of children. The document also said, visitation with father is set forth herinafter... This order is not to prejudice of father. what does that mean? Help!

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  1.    Not to prejudice of father means that when they go to court for permanent custody, this order can not be held against the father.  


  2. If he doesn't show up to court then he waives all his rights.

  3. Exactly! No matter what the Court gives the mother, the father always will have the right to see his kids!

  4. That means that the mother has custody of the child but the father has visitation rights.  It is not a final judgment so it can be modified.  If it is a divorce or permanent custody hearing, there should be another court date set.  

  5. It simply means what it says. The custody is temporary, and the fact that the mother was awarded temporary custody will in no way affect the father's suit for custody, should he decide he wants to pursue it. In other words, just because the mother has temporary custody it does not necessarily mean she will be granted full custody in the future. It's back to court...unfortunately. As for the visitation rights, the document states that "visitation with father is set forth hereinafter". Are there any terms listed below? If so, (such as "every first and third weekend of the month") then this tells the mother when the father can see the children, and under what conditions. If there is nothing listed there, then the court has not granted visitation rights.

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