How do you file for temporary custody?


Quick Answer

Parents seeking temporary custody during separation or divorce proceedings need to submit the necessary paperwork and attend a hearing before a judge, explains Nolo. To grant temporary custody to friends or relatives during work-related travel or illness, parents should complete a temporary custody agreement form and have it notarized, according to About.com.

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Full Answer

Whether or not separating or divorcing parents reach an amicable agreement, the parent caring for the children should file a court order for temporary custody as soon as one parent moves out, according to Nolo. The parent first obtains a free form for a temporary court order online or from the court and fills it in alone or with the help of a court employee. A supporting declaration outlining the facts of the case and other declarations from individuals familiar with the facts should accompany the form. The court requires a proof of service, which is a document showing that the spouse has received copies of the papers. At a hearing in a courtroom or in the judge's chambers, the judge examines the written evidence and sometimes hears testimony from the parent requesting custody, the spouse and other witnesses and then grants or modifies the requested custody order.

Sometimes parents consider it necessary to grant temporary custody to others due to illness, travel or other pressing responsibilities, as About.com explains. In such cases, grandparents, friends, godparents or family members may serve as custodians. A temporary custody or guardianship agreement should include the arrangement's time period, location and details concerning visitation.

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