This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Legal Process: Petition. An application for temporary guardianship includes filing forms with the court. Notice. Notice of the hearing for the proposed guardianship must also be provided to the child if they are over 12 years old. Court Hearing. Power of Attorney. Caregiver's Authorization Affidavit.
The Ex Parte Application must show there is an emergency such that there will be irreparable harm or immediate danger if the order is not granted. An Ex Parte Application should only be filed when there is not enough time to hear a regularly noticed motion (16 court days minimum).
To address the immediate needs of the children involved, a motion for temporary custody is filed to establish a temporary arrangement until a final custody agreement is reached.
Emergency temporary custody orders can be issued within days or weeks after filing. If the situation is very urgent, a hearing may take place within hours. This hearing is likely to be held ex parte, meaning your child's other parent may not be in attendance to present their side.
Emergency temporary custody orders can be issued within days or weeks after filing. If the situation is very urgent, a hearing may take place within hours. This hearing is likely to be held ex parte, meaning your child's other parent may not be in attendance to present their side.
Temporary custody orders provide short-term solutions to parenting disputes that can wait until a regular hearing but cannot wait until the end of legal proceedings. Not all cases have temporary custody orders.
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.
Mothers historically have won more custody battles due to traditional roles and perceptions of mothers as the primary caregivers.