Custody & Kidnapping

Generally speaking, a person may be able to file for temporary custody in what is called an “ex parte” filing or hearing. In an ex parte case, only the person who filed is present at the hearing, and the hearing happens before the other party is notified. It is possible for temporary custody to be granted at an ex parte hearing, however, the other party is then notified right away and given an opportunity to come to court and have a full hearing before a regular custody order is issued. Also, if someone is denied an ex parte custody order, s/he typically still has the opportunity to file for a standard custody order, at which point s/he will be given a court date and the other party will also be notified.

There may be different standards in each state in terms of whether or not a judge will give someone temporary custody - in some states, judges may only consider granting emergency custody if a child is at risk of mistreatment or abuse or in danger, etc. In other states, the judge might not require the petitioner to prove this. To figure out what the judge might require in your state, you can ask a lawyer in your state.

If you would like to read more about the custody process in STATE, you can find that information on our STATE custody page (HYPERLINK). Also, because custody cases can sometimes be complicated, you may want to consider talking to a lawyer, who can hopefully give you more specific information and advice. You can find free and paid lawyers on our website (HYPERLINK).