Custody & Kidnapping

Often times, the most likely way to get temporary custody of one’s child is through a protection order that the victim obtains when leaving the home or when asking that the abuser be removed from the home. [CONFIRM ON WEBSITE THIS IS TRUE BEFORE USING THIS SENTENCE: In STATE, a judge can issue custody as part of a temporary order of protection under one of these circumstances. A judge can also order the abuser to leave the home if the judge believes there is a risk of immediate danger to the victim.] You can read about all of the protections that a temporary order can give (HYPERLINK) on our website. And, you can read about what you’d have to prove to get an order HYPERLINK on our website as well.

It’s possible that someone who is living separately from the other parent or about to leave 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 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 HYPERLINK in STATE so you can read about what factors a judge will consider when deciding custody and other custody-related information.

However, a lawyer may advise you to file for temporary custody as part of the divorce HYPERLINK proceeding instead of as a separate case. To be sure what the best strategy is, you will want to talk to a lawyer with experience in custody and divorce.