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Legal Information: New York

Parental Kidnapping

November 9, 2020

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

If the court grants you an order of protection against the other parent, then the court has the power to award you temporary custody as well as temporary child support if you ask for it in your petition.1 Even if you are not asking the court for an order of protection, you may be able to get temporary ex parte emergency custody of your child as part of a custody petition. However, the judge would likely only grant an ex parte custody order in limited circumstances such as if it is needed to protect you or your child from abuse or other urgent circumstances. For more information, go to Can I get temporary emergency custody as a part of a custody petition?

1 NY Fam Ct Act § 842