Can I get temporary custody if I have a protection from abuse order against the other parent?
Maybe. In Kansas, you can ask for temporary custody, residency, and/or parenting time as part of an emergency or temporary protection from abuse order.1 However, the judge will not change an existing order of legal custody, residency, visitation or parenting time unless there is sworn testimony at a hearing that convinces a judge that there is a good cause or reason to do so.2
If you get temporary custody as part of a protection from abuse order, it is possible that the judge may grant parenting time to the other parent. This means that your child’s other parent may be able to continue visiting your child while you have a protection from abuse order against him/her.
For more information on how to ask for temporary custody as part of your “protection from abuse” order, we recommend that you talk to a lawyer. Please visit our KS Finding a Lawyer page for legal help in Kansas. If you want to learn more about how to get a protection from abuse order, you can also visit our Protection from Abuse Orders page.
1 K.S.A. §§ 60-3106(b); 60-3107(a)(4); 60-3105
2 K.S.A. § 60-3106(b)