A parent seeking to visit with a child may file a petition in Family Court against the person or persons who have custody of the child. Either parent can file a petition to change custody or visitation.Custody had not been set yet, so basically I asked for an emergency order to return the children and a separate request for temporary custody. This online program from Family Legal Care guides you through filling out an Order to Show Cause. In most states, a father can file a pleading with an attached affidavit asking the court to grant him emergency temporary custody before having to go to court. Attach an Affidavit Concerning Children, form JD-FM-164. 3. If you feel that filing for emergency temporary custody is in the best interest of the child, keep reading. Uniform Child Custody Jurisdiction and Enforcement Act Affidavit (UCCJEA), Form 12.902(d). You must petition the court for emergency custody. Often, the court will have pre-printed "fill in the blank" forms for you to fill out.