Temporary Restraining Order Form For Child Custody In Queens
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Parent-to-Parent Orders of Protection do not impact Child Custody. In many cases, one parent files an Order of Protection against the other parent. Joint custody in this situation remains possible.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year. The plaintiff will be directed to go to the clerks counter to wait for the order.
Mothers historically have won more custody battles due to traditional roles and perceptions of mothers as the primary caregivers.
If you already have custody If your co-parent files for a restraining order against you to protect themself (and not to protect your child), then custody should not be affected. But if they get a restraining order for the child, they can usually ask for temporary custody at the same time.
Start by contacting your local courthouse or family court to obtain a copy of the temporary guardianship form. They will provide you with the necessary paperwork and explain any specific requirements or instructions.
If involving an attorney is not desirable or affordable, one can file their own petition for temporary custody with the clerk of court. There is usually a self-help desk at the Clerk of Court, or you can find the forms online.
Your plan should have a temporary custody schedule that shows where your child lives and when your child spends time with the nonresidential parent. Your schedule should contain everything in a permanent custody schedule and show your child's daily living schedule, holidays, and vacation time.
Generally, temporary child custody is designed to last until a court can make a more informed decision about the child's long-term living arrangements based on the child's best interests.
