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

  • Q:

    How do you undo temporary custody papers?

    A:

    Changes to a temporary custody order can be made by filing a petition for modification in court. In this case, a hearing is held and evidence for changed circumstances must be shown, states Lawyers.com. A modification may also be sought through a petition for a habeas corpus proceeding.

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  • Q:

    What does temporary legal custody mean?

    A:

    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 custody?

    A:

    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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  • 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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