When can you get temporary child custody?

Temporary custody awards custody of the minor child or children to one of the parents so that the children are legally being taken care of by that particular parent while regular custody is determined by the courts. If you are going through a divorce, whether by mutual agreement or for some reason such as spousal abuse or neglect, and you want to get official temporary custody of your minor children while the divorce proceedings are finalized, there are a number of methods that you can use.  It is important to note that the rules vary by state, so for example, child custody in Massachusetts may be different than New York or California or elsewhere. Still, there are some general provisions that are similar and that will help you to know how you go about applying for temporary custody.

• Temporary custody can be established as part of the terms of the divorce proceedings filed prior to the court decision
• It can be awarded through a restraining order in the case of abuse.  
• It can also be awarded in a completely separate court order, such as during a separation agreement when divorce has not begun yet.  

All you need to do is follow the guidelines of the family court in your area and fill out the proper paperwork, and the court will ask for reasons why you should be awarded temporary custody.  After hearing the arguments, the court will make a decision on whether or not to award temporary custody. You should strongly consider having a lawyer help you through this process to maximize your chances for being successful at getting custody.