What is the process to get temporary child custody?

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Tricia's Question: What is the process for getting temporary child custody? How is it filed? Can we get it in the same day?

Brette's Answer: Go to family court and tell them you need to file a petition for emergency temporary custody. They will help you complete the right paperwork. Depending on your state laws and local court schedule, it can be possible to get a temporary order the same day.

If he has taken all the money, you can file a petition and a motion for emergency spousal support. Good luck.

※ How long is it from the temporary custody hearing to the final hearing?
Jo's Question: How long is it typically from a temporary custody hearing to a final hearing? My husband just filed for divorce 2 months ago.

Brette's Answer: It really varies depending on the court calendar in your area. Call and ask the court clerk for an estimate.

※ How can a temporary custody order be changed?
Darnetta's Question: I agreed to let the father get temporary custody of our son but we didn't go to court. He got the custody papers from a lawyer and we went to get it notarized, but I did not receive a copy of the document. I was wondering what actions can I take to get my son back, and how long can he have custody?

Brette's Answer: File a petition in family court for a modification in custody. If the father will not agree, you will have a trial and the judge will make a decision based on what is in the best interest of your child. The temporary custody is in effect as long as the papers specified. If they did not specify, then it is indefinite. Good luck.

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