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Custody & Guardianships
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Which court has jurisdiction?

The probate court assumed “emergency”jurisdiction over a child in an ongoing custody case to appoint a temporary guardian, but put a stay on any future probate rulings until the family court held its next hearing.

The Family Court held an evidentiary hearing and denied the noncustodial parent’s custody modification. The family court judge reaffirmed the previous family court ruling that the custodial parent should have sole legal custody/primary physical custody. However, the child is still living with the temporary guardian under the probate order. There’s a guardianship hearing in just a few weeks, when the 90 days are over.

There is a local court rule in this county that once a Family Court Judge holds an evidentiary hearing, that court has exclusive and continuing jurisdiction.

So my question is…

Which court has jurisdiction now? Would the family court reassume its jurisdiction of a custody case it had to begin with?

How long does the “emergency” jurisdiction of the probate court last?

This was originally filed as a permanent guardianship more than six months ago, and a temporary guardianship has been in place for almost 90 days now.

It’s very confusing since the allegations in the guardianship petition no longer exist to cause any “emergency” conditions now. (They never did, but that’s an entirely different issue 🙄)

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1 year ago