How Do I Terminate Temporary Custody?


The only way to terminate a temporary custody order is to get a permanent custody order. A temporary custody order is issued by the court after the case is filed and the judge holds a pendente lite hearing. At the pendente lite hearing, the judge awards temporary custody and sets out the schedule for moving toward a permanent custody order. The judge might order parenting classes or mediation to assist the parents in reaching a permanent custody arrangement.

  • Get a copy of your file. Go the court where the temporary custody order was issued with your case number if you have it. Ask at the information desk where you need to go for a copy of a family court file.

  • Carefully read over the temporary order and any further orders you received from the court. Specifically look for any classes or mediation sessions you were supposed to attend or any paperwork you were supposed to file. Comply with everything the judge asked you to do.

  • If a hearing is not already scheduled, file a motion requesting a hearing in your case. To get assistance with filing this motion, call the judge's chambers and ask to speak to the clerk. Tell the clerk you want to schedule a "status hearing," or a hearing to help move the case forward.

  • Speak with the other parent. Ask the other parent where she stands in regards to terminating temporary custody and moving toward a permanent arrangement.

  • Attend the next judicial hearing. If the temporary custody order was entered recently, the judge may delay scheduling the trial in the hope that both parents can reach an agreement if given more time. Or the judge may schedule the trial.

  • Prepare for trial. The judge can overturn the temporary custody arrangement based on what happens at the trial. The judge must determine what is in the best interests of the children. States use different factors for deciding the best interests of the child. You can learn more about your state's factors at the law library at the court.

Tips & Warnings

  • You may want to hire an attorney. An attorney can help you negotiate the legal system, particularly if there is a trial, by getting more information about the other party and admitting evidence in court. Your local bar association's attorney referral program can help you find a family law attorney.
  • Judges generally believe that stability is in the best interests of the children. If you want a new arrangement that is radically different from the temporary arrangement, you must overcome this hurdle.
  • Photo Credit Pixland/Pixland/Getty Images
Promoted By Zergnet



You May Also Like

Related Searches

Read Article

Are You Really Getting A Deal From Discount Stores?

Is DIY in your DNA? Become part of our maker community.
Submit Your Work!