A person must ask the local court or a local, child support agency for a court order for temporary custody by preparing and filing the applicable forms. In some instances, temporary guardianship forms are available for free from the court or online, according to NOLO.
Some courts provide self-help law centers, where forms and instructions are available, for individuals who represent themselves, claims NOLO. In some instances, all temporary guardianship forms are necessary and, in other cases, additional forms are required. If an individual is uncertain which forms to file, he should speak to the local self-help center, family law facilitator or a lawyer, says California Courts.
Forms vary among courts. In most instances, the petitioner's income and expense information is provided on the forms, or a copy of an income and expense budget is requested. A judge reviews this information, along with the details of the request, says NOLO.
A temporary child support order requires the petitioner's spouse attend court on a specific date and explain why the petitioner's request should not be granted, explains NOLO. In emergency situations, the hearing can be scheduled within a few days, but it is typically held a few weeks after the paperwork is filed.