English
EspañolI got temporary custody in my RO. How long will it last?
You asked about how long you will keep a temporary custody you were given through your restraining order. Generally the terms of the judge’s order (like a custody order) last until the court order expires. Orders are usually temporary or final. For an ongoing case, a temporary order can expire at the next court date (and is often renewed from court date to court date) or it can expire at a set date or at a set event (such as orders relating to a parent’s military deployment may expire upon return from deployment, whenever that date may be). In many states, protection orders expire - even final ones - and any provisions or protections may also expire with the order - but there are exceptions, such as in California, where the custody order will remain enforceable even after the protection order expires. Here is a link for information about the different types of restraining orders in STATE and how long they last. [HYPERLINK]
Generally speaking, regarding custody, a judge can make a decision about temporary custody through several different types of cases - a protection order case, a divorce case, or a custody case. So, if a custody order was a provision through a restraining or protection order case then custody may last as long as the restraining order lasts or until either parent files a separate custody petition in court (either in a custody case or within a divorce case). In some states, a custody decision that is handed down in a custody or divorce proceeding may take precedence over a temporary order issues within a restraining order. I cannot speak to how this is handled in STATE though.
As you can see, there are a lot of different circumstances related to when an order can expire based on whether or not the order is an emergency order, a final order, or if a final order is extended. Unfortunately, I cannot tell you about your specific order. Custody is usually a complex legal issue, so it is generally advisable for those with specific questions relating to custody orders to seek the counsel of a local attorney. The following link provides contact information for attorneys in STATE, some of who may be free or low-cost if you qualify. [HYPERLINK]
Also, generally, even if a person has temporary custody through a restraining order, s/he can still seek a more permanent custody order through a divorce or custody case. You might check out more information about the custody laws in your STATE, and also information about the divorce laws in your state. [HYPERLINK]
