How Do You File for Temporary Child Custody?


Quick Answer

To file for temporary child custody, an individual must file paperwork with the family court in the county of residence, according to FindLaw. The individual must submit an application for order to show cause that provides an explanation of why temporary child custody is being requested.

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Full Answer

In many states, filing for temporary child custody requires a supporting declaration, which outlines relevant facts that support why the temporary custody order should be granted or why another individual is disputing the request, according to FindLaw. The supporting declaration also details financial information to show the need for temporary child support and may include letters of support from individuals familiar with the family situation.

In many cases, a proposed temporary order is issued that stipulates the terms of the child custody order, and the individual must bring this document to court so the family court judge can sign and grant the temporary order, according to FindLaw. During a temporary order hearing the judge reviews details of the request, asks questions of parties involved, considers financial circumstances and state guidelines, and issues a decision after considering the facts.

A proof of service document is typically required at the hearing, according to FindLaw. The document verifies that the other party has been notified of the temporary order. The proof of service document should be filed with the family court.

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