What Happens After Temporary Custody is Granted

Research has shown that divorce can have serious and long-term effects on children, from mental health problems to behavioral issues.

Extended custody disputes in which a child faces their parents battling over them can even worsen matters.

Temporary child custody is a tool that the court issues that provides for emergency or temporary situations.

The objective is to prioritize the child’s well being of the child as soon as possible prior to finalizing a permanent solution.

But a question arises over here; what happens after temporary custody is granted? While temporary custody can set up a sort of a template for a permanent child custody plan, this isn’t always the case.

What is Temporary Child Custody?

The issue of custody comes to rise when a child can’t be in the care of both of their parents. The parties involved must come to a decision about where and with whom the child will go.

Temporary custody typically involves placing the child with any of the parents or a guardian temporarily until the issuance of a permanent custody plan. From that onward, the child will be in the care of the appointed person.

In order to decide which parents grant temporary custody, there’re two ways. Usually, the decision is made by the couple themselves. If they’re unable to do so, they reach out to court and a judge decides who gets temporary custody.

However, the most important thing while determining temporary guardianship is making it to the best interests of the child. In addition, temporary child custody can potentially affect the result of custody cases in the long run.

The main concern is ensuring the child’s comfort, and that the child is taken care of. So, if a temporary custody order benefits the child, then the chances are higher that the custody arises permanent.

Associated Article: Legal Separation In California

Emergency Child Custody Order?

Emergency orders for child custody are particular types of temporary custody order which are usually granted for the reason that the child is in danger or their environment is unhealthy or unsafe.

This would mostly indicate situations where a child is physically or sexually abused. Owing to the said concerns for the child, the legal process of granting emergency custody is worked out quicker.

These orders are usually issues in a matter of days or even hours in such serious situations.

Who Can Get Temporary Child Custody Order?

Technically, anyone can obtain temporary custody orders. However, the custodian or primary caregiver is someone the child’s parents have a connection with.

The must also be able to support and provide for the child during the time when the child is in their care.

Grounds for Temporary Custody of Child

The reason for filing a temporary child custody petition is most commonly a divorce. During a separation or divorce, one of the parents grants temporary custody until the issuance of final orders and final decision for custody.

This process is finished along with the other issues that need to be sorted out during a divorce, such as child support. Alternatively, it can also certify that one parent won’t relocate the child without the other parent’s being aware of it.

Temporary Guardianship

There’re a few other reasons for a temporary guardianship, that include: -

Conflicting Responsibilities

This refers to a parent’s being unable to take care of their child due to other responsibilities surrounding their work or education, which may include unpredictable schedule, military deployment (service), frequent traveling, etc.

Domestic Violence

This is when a child is being abused by one or either of the parents or a family member or is in an unsafe and dangerous environment. Usually, emergency custody orders are issued in such cases.

Illness or Hospitalization

Illness or hospitalization refers to a parent’s being unable take care of their child due to an illness or injury, or because they’re currently hospitalized.

Lack of Financial resources

Lack of financial resources means that the family’s finances are not stable, or the parent is unable to financially support their child.

How Do You File for Temporary Custody of Child?

To file a temporary child custody petition, the first thing to do is to reach out to an appropriate family law court in the area the child resides in. Next comes completing the necessary forms regarding child custody.

Depending on the area, a fee may also be charged for it. In most states, the needed documents may include: -

• An application for the order declaring the cause.
• A support declaration that says the reasons for the request for custody.
• Proposed temporary orders.
• Proof of service.

Once getting done with this, the other parent must be notified of the filed petition. Then, a court hearing will be held with both the spouses present.

Depending on the judge, there might be a chance for testimony from both spouses, and other witnesses.

Then, the judge will review the details of the petition and put forth any questions that they have. At the end of the hearing, a ruling will be made by the judge regarding to whose custody the child goes.

This order could be temporary or modified version of it. The judge can also rule asking for more information to make a proper decision. In such cases, another hearing will be made.

The judge grants an order that would only be effective till that next court proceedings.

Essentials of Custody Order

A temporary child custody order should contain following details: -

• Details about the visitation rights of a parent or parents if the guardianship is granted to someone else.
• Details about where and with whom the child will live.
• The starting and ending dates for the granted sole custody order.

Process to File for Emergency Child Custody?

Filing for an emergency child custody isn’t much different from that of a temporary child custody. The major difference is that the procedure of the case will be rapider.

The first step is to file an emergency custody petition with a family court. This explicates the nature of the situation and its urgency. The judge usually holds the authority whether to issue the order in hours or days.

Possibly, hearing will be held in these cases as well. However, it’s usually held ex parte or with ex parte orders. This means the other parent won’t be there at the hearing.

After emergency custody is given, another hearing will be held with both the parents present, giving both of them an opportunity to present evidence.

After the judge views the evidence and hears the testimonies presented by both the parents, one of the three things are expected to happen; the order will be overturned, changed, or allowed to continue unchanged.

What, After Passing of the Child Custody Order?

A temporary child custody order is effective until the earlier of the following three events: -

• If the court withdraws the temporary custody order, the court may terminate the guardian’s custody rights.
• After reviewing the provided additional information or a modification in the case, the judge may change the order.
• A judge may substitute a final child custody order or a final order replaces temporary one, granting the permanent parent custody.

Once a temporary custody order is implemented, the spouse without custody is given visitation rights.

Can Visitation Right be Denied?

Until there is no excellent basis for thinking that the parent is a danger to the child, the court typically accords visitation rights, which implies that they can visit their kid under supervision. That covers issues like child abuse and drug or alcohol addiction.

Conclusion

There can be various reasons involved to file for temporary child custody, such as the parent’ conflicting responsibilities, domestic violence, being ill or hospitalized, lack of financial resources, etc. what happens after temporary custody is granted?

A temporary child custody order can be obtained by someone with whom the child’s parents have a connection, such as grandparents of the child, members of the child’s extended family and friends of the parents.

Temporary child custody orders typically contain details about the visitation rights of a parent, where and with whom the child will live, and the starting and expiration date for the granted custody order.

Frequently Asked Questions

How does temporary custody work in Arizona?

In Arizona, the process of getting temporary child custody is to file a petition for establishing child custody or a petition to alter a prior child custody order.

How long does a temporary custody order last in Nevada?

In Nevada, the hearing must be held within 21 days of the issuance of the temporary custody order, and a decision must be given within 5 days of the hearing.

How long does a temporary custody order last in Georgia?

Temporary guardianship terminates automatically on the day the minor reaches the age of 18, becomes emancipated, is adopted, or dies. It may also get terminated by court orders.

How long does a temporary custody order last in NC?

Temporary custody order in North Carolina will last until there is a hearing in the court with both the parties present. This hearing will be held within ten days of the emergency order being granted.