How to Get Temporary Custody After Divorce
During a divorce hearing, issues such as custody are usually determined and stated in the divorce orders. Temporary custody is usually established at the separation or litigation stage of a divorce. After a couple is divorced, circumstances may change and a custody agreement may need to be altered. You can request modification of a custody order if the current parenting plan is no longer in the best interest of the child. If your child is in danger, you can file for an emergency custody hearing.
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Instructions
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Go to the courthouse where your original custody order was established. Since temporary custody is usually filed before permanent orders are determined, you will need to file a motion to modify custody. If you need immediate custody of the child because she is in danger, file a petition for an emergency temporary change of custody.
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Gather evidence to prove your child is in imminent danger. Some examples that qualify for an emergency temporary custody order may include allegations or threats of physical or sexual abuse, abandonment of the child and substance abuse. Supporting documents can include police reports, case information from child protection services investigations and medical reports.
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Wait for a decision. Each state has different requirements regarding emergency custody procedures. In most states, emergency custody petitions are reviewed immediately. While the hearing is pending, an emergency temporary custody order can be granted if there is enough evidence for the judge to make a decision.
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Attend the hearing for permanent custody. Emergency custody orders are only temporary. To modify your existing custody orders, a full hearing will need to be held. In most cases, the emergency custody order will be in effect until the hearing date.
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References
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