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Issues: In most states, parties can ask for temporary orders as to child support, parenting time schedules, decision making for the children, use and possession of property, including the marital residence or other properties, use and possession of cars, payment of expenses (including attorney fees) and debt, as well
The first step is to obtain a temporary custody order as soon as possible to make sure you can keep your child safe. You must prove to the judge, through affidavits, medical records, police reports, etc., that your child is in immediate danger of irreparable harm to be granted a temporary custody order.
Evidence of parenting ability: Courts look for evidence that the parent requesting custody is genuinely able to meet the child's physical and emotional needs, including food, shelter, clothing, medical care, education, emotional support, and parental guidance.
Typically, a temporary orders hearing will be handled in one of two ways, either by calling witnesses (including the parties) to the stand and asking them questions aimed at eliciting direct testimony from them (referred to as an evidentiary hearing) or by your attorney offering summaries of what witnesses would say,
Factors that can lead a court to deem a parent unfit include: Instances of abuse or neglect; Willing failure to provide the child with basic necessities or needs; Abandonment of the child or children; or.
Write a detailed history about your marital relationship, which should include dates and facts that support your case. Do not forget to pick the pictures, videos and other visual aids that you will present before the court as evidence.
Has one parent been the primary caretaker, or have the parents shared the responsibility? What is the mental and physical health status of the parents? Will the child be in a stable home environment?
What Custody May Look Like. A judge might award one parent sole temporary custody. This means that parent is solely responsible for making any and all decisions on behalf of the child. The other parent may or may not have access to your child. It's also possible that joint temporary custody is rewarded.