Legal Information: General

Custody

Updated: 
November 13, 2017

Can I get temporary custody as part of a restraining order against the other parent?

Whether or not you can get temporary custody with a restraining order depends on the laws of your state and on the judge who hears your case.  In most states, you can ask for temporary custody of your children as part of a restraining order against the other parent of those children.  Not every state allows this, so you should read the particular rules on our Restraining Orders page for your state.  Also, even if your state allows for temporary custody to be given in a restraining order, the decision is up to the judge who hears your request for a restraining order.

Also, if the other parent gets a custody order from a different court, it might conflict with the custody provision in your restraining order.  If that is the case, you should talk to a lawyer to figure out if your temporary custody is still valid in spite of the other parent's order.  To find legal referrals, go to our Finding a Lawyer page.