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.
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.Learn More
An individual can attempt to establish guardianship of a nephew by obtaining a family law attorney and filing a petition with the court. Consent of both parents, submitting to a home inspection and a criminal background check may be required, according to FindLaw.Full Answer >
As of 2015, New York state law stipulates that the percentage of a non-custodial parent's income for child support is 17 for one child, according to NYC Department of Social Services. The support is determined based on net income, minus tax, Medicare and FICA deductions.Full Answer >
The Judicial Branch of California defines legal guardianship as a court order that states that someone who is not a child’s parent is responsible for taking care of the child. A legal guardian has most of the same responsibilities and rights as a parent would have.Full Answer >
The U.S. Department of Health and Human Services' Child Welfare Information Gateway is an excellent online tool to get started when looking for information on adoption. The gateway features information on domestic and inter-country adoption. Its resources contain a wealth of information on adopting, especially from the U.S. Foster Care System.Full Answer >