Generally, a child custody case takes some months to determine the final custody. In the entire 4 months to 5 months’ process, the children’s health and safety are big issues. So, the temporary custody of a child can be a concern. Unless or until the final custody determines, the child will be under temporary custody.
Sometimes, getting legal custody takes several months, and sometimes it takes a short time. No matter how long it is taking, there are some issues about child custody. The determination of child custody only can decide by the court. And the court will make sure all the common rights of the child.
In this writing, you will get to know the step-by-step process of applying for temporary custody. So keep reading to learn more!
1. Try to understand your circumstances:
All cases are not the same. So it is very important to understand your situation. Usually, temporary custody comes with an emergency order. So you get a short time to decide and to do all the paperwork. Temporary custody involves lots of child’s emotional state and traumatic effects.
So the court tries to grant temporary custody as early as they can. And sometimes the court does not require to listen to the other side. Sometimes, the court asks for some emergency petition from the current caretaker. And that caregiver needs to ensure all the physical and mental risks of the child.
2. Review your custody order to the court:
Temporary custody usually serves to remove all the uncertain dangers for the child. If the court granted your temporary custody, you have to go through a certain procedure for a permanent order. No matter your custody order is temporary or permanent, nothing will last forever.
If the court grants the emergency petition, then you will get a schedule from the court. And then, you need to review the custody order and testimony from the legal parents. If the court does not grant your temporary petition, you can still ask for permanent or emergency custody.
3. You need to be the right person:
Only the parents of a child, grandparents, or any close relative can file for temporary child custody in some countries. You can go through the state law website to know if you are eligible for filing a custody case. Other than these, you can also hire an attorney to know about your county’s law.
Before filing for child custody, you need to ensure that you are the right person to file for an emergency petition. If you are not the right person, then the court will not accept your plea. In some cases, you will not be able to file the temporary custody form.
4. Find your nearby court:
When you file for temporary custody, you need to go to the local court where you live. To locate your near court, you can go through your country’s law website. Or sometimes, you can ask for a civil court worker if they can help you out.
There are lots of rules and regulations regarding an emergency or temporary child custody. One of the common rules is you need to file the petition from the child’s living area. If you do not follow this, then you may face some trouble to get child custody.
5. Complete all the required paperwork and documents:
In most custody cases, you may require to fill a pre-prepared form for the petition. Usually, the local cost provides these kinds of forms. You will find the necessary forms and paperwork on your country’s websites or at the family law help center.
You need to complete the form and submit it through an attorney or a court office clerk. Sometimes in some states, they will offer you to fill the form online and submit it directly online. Besides, you have to complete all the necessary and required paperwork and documents before asking for legal custody.
6. Sign the petition from a notary:
In order to file for temporary custody, you may need to make copies of the documents before you file for it. And in some countries, it is required to notarize all your paperwork and documents. You will find a lot of notary public online, or you can also ask for help at the clerk’s office.
Usually, the notary will not charge any money. But sometimes, you need to pay a charge to the person who will do that for you. After notarized all your documents, then you need to go to the clerk’s office. And you need to show them all the original documents along with the notarized one.
The final words:
Parents or any other person who will get the temporary legal custody of a child s/he needs to make sure all the child’s needs. No matter how long it will take to get permanent custody, s/he needs to bear all the expenses and costs of the child.
For getting the temporary custody of a child, sometimes it is a complicated process. So it is always better to hire a family law attorney who can assist you in understanding your country’s laws or rules. Hopefully, now you know how to get and apply for temporary child custody from the above writing.