How to File for Temporary Custody

You file for temporary custody when you and your spouse have separated, are in the process of divorce, or are waiting for other affairs to settle.

Instructions

    • 1

      Visit your local courthouse or do an internet search for the temporary custody documents in your area.

    • 2

      Once you've located the papers, fill them out. If you need help filling them out you can ask at the courthouse or look online for information.

    • 3

      Once the papers are filled out, you need to go to the courthouse to get them filed. You will have to pay a fee and they will be filed.

    • 4

      Once the papers are filed, you will receive notice of a day and time when you and the other parent will meet with the judge. The meeting should be within a week or two.

    • 5

      Prepare a parenting plan or custody agreement to present to the judge. The meeting will be private between you, the judge and the child's other parent. Come prepare to explain why your plan is in the best interest of the child.

    • 6

      Once everyone has explained their side, the judge will determine the temporary custody arrangement. This will go into effect immediately and there will be an end date when the parents will need to return to court to establish a permanent custody arrangement.

Tips & Warnings

  • If you want to file for temporary child support, you can do it at the same time. However, you will need to fill out additional papers.

  • If you can't afford the fee, you can file papers to have the fee waived.

  • Every state has different laws about child custody so make sure you know the laws in your area.

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