Filing a motion for temporary orders in your case gives you a way to get a temporary custody order while you wait for your case to go through the court system. Learn how to file for paternity, child custody or parenting time, what forms you'll need, and where to file.Result of the other parent having the child, you may also file an "ex parte" emergency motion for temporary custody. The other parent will be allowed to have visitation with the child, unless the judge decides that visitation would not be in the best interest of the child. 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. You will want to fill out the petition for custody and file it. You will then have it served on the father. 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. For example, the other parent could get an emergency order for you to return to Massachusetts "forthwith" (i.e. If not, the judge will either return the child to the parent's custody or place the child in the custody of a third party pending a hearing on the merits.