Divorce Case: Getting Temporary Child Custody

As you are going through a divorce, decisions on child custody orders are a crucial aspect of the divorce case. An individual may file for temporary child custody before the divorce is finalized by obtaining temporary child custody papers from the county clerk’s office. If parents are unable to agree on child custody, a judge, pending a full child custody hearing, may order a temporary child custody schedule.

Obtaining Temporary Child Custody

An emergency child custody order is meant to protect a child who is subjected to or threatened with mistreatment or abuse. Examples may include:

Allegations of sexual abuse
Threats of mistreatment or abuse
Child abandonment
Custody was awarded to a convicted sex offender
Child endangerment from a parent’s alcohol abuse

The qualifications for granting emergency child custody vary in each state. Some courts have a very restrictive view of emergency authority, while others take a much broader view.

Who Can File for Temporary Child Custody?

A judge may grant a Grandparent temporary child custody when there is evidence that a parent cannot take care of their children or may be a victim of the following:

Drug or alcohol abuse
Home life of the child is proven unsafe
Parent is unable to provide financially for their children
Major illness impacts a parent’s ability to care for their children
The grandparent will need to fill out temp child custody forms which can often be obtained through the local family courthouse website.

How a Lawyer Can Help

If you are seeking temporary child custody or an order for emergency child custody, you should obtain legal advice from an attorney who specializes in divorce law.

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