Get expert advice on filing a motion to modify temporary orders in family law. Learn about necessary pleadings, forms, and timelines for Arizona and Texas.How do I get a temporary custody order in Illinois? Either parent can file a Motion for Temporary Custody with the court. It's basically a motion with an affidavit, and it's something the court clerk can provide a form for or a local lawyer can prepare. Customer. In a temporary order hearing, the judge determines who gets custody (also called parental responsibilities) based on the best interests of the child. Sometimes an emergency order (ex parte), can be applied for as a noticed motion, if a lack of an emergency was the sticking point. Use this form to ask the judge to give you parental responsibilities for a child. This includes parenting time (visitation) and decision-making power (custody). Do I have to fire my attorney before I file for a motion to modify a temporary order in the court?