Temporary Custody Orders are Available in Family Court

After filing a custody petition in family court, a parent often needs immediate relief. In order to get temporary legal or physical custody, a parent is able to file an immediate motion for relief.

Determining Temporary Custody in Family Court

On a separate petition or motion by a parent, the family court can grant temporary custody prior to a fact-finding hearing on the ultimate question of custody. Family courts have granted temporary custody to one parent in different situations, including when:

• A mother continually interfered with the father's access to the child, did not initially believe the child's asthma diagnosis, and refused to administer the prescribed medication;

• A mother was willing to resort to filing false reports against the father in an effort to interfere with a father’s relationship with the child.

Temporary custody should be filed at the start of the case to create a baseline for where the child stays and who is making the important decisions.

Temporary Custody Can be Granted as Part of an Order of Protection

If a parent files a family offense petition, the family court judge can issue a temporary custody order. The custody will last until the next court appearance or until the order of protection is resolved.

What Standard does the Family Court Use for Temporary Custody Orders?

The family court applies the best interest of the child standard when determining temporary custody. When determining a child's best interest, the Family Court considers, among other things, (1) the parental guidance provided by the custodial parent; (2) each parent's ability to provide for the child's emotional and intellectual development; (3) each parent's ability to provide for the child financially; (4) each parent's relative fitness; and (5) the effect an award of custody to one parent might have on the child's relationship with the other parent.  

A temporary custody determination is based mainly on the Family Court’s assessment of the character and credibility of the parties and witnesses.

Temporary Custody Can Be Granted Without a Hearing

The general rule is that temporary custody may be granted without a hearing. The only time when the court must hold a hearing in Family Court is if the other parent files an affidavit contesting the facts of the case. It is important that you be prepared to go to a hearing on custody to fight for your rights. Carefully drafting proper paperwork in Family Court is necessary to ensure your story is heard.

Daniel Szalkiewicz and Cali Madia Are Dedicated Custody Attorneys

Daniel Szalkiewicz and Cali Madia understand how important it is for you to be able to tuck your child in at night.  We help you fight for what is in your children’s best interest and to create the home life you want.