Q:

What can you expect at a temporary custody hearing?

A:

Quick Answer

Attorney Gregory S. Forman explains that at a temporary custody hearing, the court uses affidavits, pleadings and financial documentation to determine the short-term custody arrangement between parents. If one of the parents can prove extenuating circumstances, the court may also allow testimony to be heard during a temporary custody hearing. The temporary custody order is in effect until a permanent custody arrangement is determined at trial.

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Full Answer

Nolo.com notes that a temporary custody hearing may take place in a courtroom or in the judge's chambers. During the hearing, the judge examines the affidavits and financial documents provided by both parties and reviews the custody arrangement being requested. The judge may ask each party questions concerning the affidavits or arrangement requested and may provide a temporary ruling on child support in addition to the temporary custody judgement. In some cases, the judge may determine that one parent did not receive proper notice of the hearing and may pass a judgement that is valid only until another hearing is scheduled.

Prior to a temporary custody hearing, each parent must draft a statement, or affidavit, that is approximately four pages long describing why each is the best parent to have temporary custody, as the Vitetta Law Group explains. This affidavit must be supported by a suggested four one-page affidavits from third parties. To maximize effectiveness, the supporting affidavits must corroborate the parent's affidavit.

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Related Questions

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    How do you apply for temporary custody of a child?

    A:

    The laws regarding child custody orders and their filing procedures vary across the United States depending upon the jurisdiction, but some states provide forms which can make it relatively easy to apply for a temporary child custody order. The state government website can be a good source of both filing information and forms. Separating spouses who are able to maintain an amicable relationship during the divorce and child custody proceedings may be able to draw up temporary custody agreements on their own and without a court hearing or a need for an attorney, as noted by the Law Dictionary website.

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    What does temporary legal custody mean?

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    Temporary legal custody means a court order granting parenting rights over a minor to a friend, relative or custodial parent for a certain period of time until permanent custody can be determined, states Avvo. These rights include the authority to make decisions involving the child's health care, education and welfare.

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  • Q:

    How do you file for temporary child custody?

    A:

    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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  • Q:

    What does "temporary legal custody of a child" mean?

    A:

    Temporary legal custody of a child refers to a temporary child-custody order through which a court gives one parent custody of a child on a temporary basis during a divorce, explains Lawyers.com. FindLaw specifies that legal custody includes the right to make decisions about crucial matters in a child's life.

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