How to Get Temporary Custody of a Child

Temporary custody is a short-term solution while waiting for divorce to be finalized. Not only can temporary child custody help avoid further disputes between parents but it can also provide you with some recourse once the other parent does not comply with the set custody arrangement. It is important then, for parents to know how to get temporary custody of a child as a band-aid solution while waiting for the finality of divorce and agreeing upon child custody. Also, emergency temporary child custody orders also help prevent a parent from kidnapping his or her child.

Understanding How to Get Temporary Custody of a Child

Temporary child custody orders can be made while carrying out divorce petitions, as a totally separate court order or as a restraining order in special cases in some states. A temporary child custody order is NOT a permanent solution to child custody. Instead, decisions on final custody is determined by custody trials or during or at the end of divorce proceedings.

How to get temporary custody of a child? To get temporary child custody, you will have to file this petition for emergency temporary custody. The family court will assist you in completing the proper paperwork and how to get temporary custody of a child. Depending on state laws and court schedules, it is possible to get a temporary custody order the same day. Temporary custody orders usually state how long it would be valid for, which is normally the next court appearance.

If a temporary court order is absent, both you and your ex-partner have equal rights to the custody of your children and he or she cannot take your children away from you. If you are concerned that a temporary child custody order won’t work, carry out an order of custody and visitation before the divorce which will soon determine this issue of custody. Also, when in doubt, clarify on how to get temporary custody of a child to appropriate authorities.

How to Get Temporary Custody of a Child and Modify It.

Remember these facts when figuring out how to get temporary custody of a child. You may file for a petition to modify the existing temporary custody order. If your ex-partner does not agree to this, both of you will have to attend a trial and settle at an agreement while the judge will base a decision on the best interests of your child. Temporary custody is in effect as long as it is stated to be in effect which is usually the next court hearing. If temporary custody does not specify this, then it is for an indefinite period of time.

Moreover, you can appeal temporary child custody orders but this makes little sense anyway since child custody serves as a remedial solution to a short-term problem. Besides, by the time an appeal on the temporary order has been heard, a permanent child custody arrangement has already been made. You always have the right to appeal and file the necessary paperwork when it comes to temporary child custody orders.