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A temporary guardianship agreement is a private agreement that does not require a judge's approval. The second method for getting custody is called nonparent custody, which is also called "in loco parentis" custody.A court may take a long time to issue a final custody order, so it may provide for temporary custody arrangements in the meantime. (A) An order granting custodial responsibility pursuant to this article must: (1) designate the order as temporary; and. Non-parent custody is usually granted in emergencies, such as when both parents are incarcerated, incapacitated, or deceased. The court will determine temporary custody based on the best interests of the child. A petition for emergency custody is essentially a request for a Temporary Restraining Order (TRO) against the custodial parent. Temporary custody is often determined during a separation or divorce, pending a final agreement. Temporary custody is awarded to a non-parent family member when the parents are not in a position to provide for the care of the child. Island County Local Court Rules and Forms. 2.