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EspañolV asks if can get temporary custody (V and A are married, separated) For info on getting temp custody in an RO too, use other SL instead called "Married V wants temp custody..."
It’s possible that someone who is living separately from the other parent can file for an ex parte order of temporary custody. This means that the order would be given on the day it’s filed for without the other parent being notified beforehand or present. [CHANGE THIS AND EDIT THE NEXT TWO SENTENCES IF WE DO HAVE INFO ON OUR CUSTODY PAGE ABOUT THIS: Unfortunately we do not have information on our website about whether or not STATE laws allow for a parent to get an immediate, temporary custody order or what the standard may be for getting it]. Since this type of ex parte order doesn’t allow for the other parent to present their side of the case, many states have a specific legal standard that must be met to get a temporary custody order, such as danger to a child. Here is a link for lawyers HYPERLINK if you want to try to get some legal advice about what the standard may be for getting this type of order in your state and if your situation may qualify you or not for getting one.
Often times, if a person files for custody without asking for an ex parte temporary order, they may not go in front of a judge but rather they may just receive a date to come back for a hearing, which could be months away. So, if someone wants to ask for an ex parte order, it’s important to tell the clerk when they file the petition that they are also seeking an emergency temporary custody order, which likely means that they would see the judge that same day.
One benefit of a custody order is that if the other parent violates it, it may be easier to get one’s kids back than if there were no custody order. [ONLY INCLUDE THIS IF THE WRITER IS A FEMALE AND SAYS THE DAD MAY TAKE THE KIDS: Without a custody order, in some states, if the father has legal paternity rights established, it’s possible that the father may legally be able to keep the kids with him unless and until a judge says otherwise. Again, you may want to talk to a lawyer to find out exactly what may happen according to your state’s law.] [ONLY INCLUDE IF SHE SAYS THAT SHE FEARS THE CHILD BEING TAKEN OUT OF STATE: Also, in many states, once a custody order is requested from court, both parents may be prohibited with taking the child out of the state while the case is pending, which may benefit someone who is afraid the other parent will take the child to another state - I don’t know if this is the case in STATE.]
Here is some information about custody in STATE so you can read about what factors a judge will consider when deciding custody and other custody-related information.
