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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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If someone files divorce and requests custody of the

Customer Question

If someone files for a divorce and requests custody of the children, will the children automatically be given to that person until the divorce procedings are final? The children are currently with their father at the residence where they have been living since 2013.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard
If they seek the custody on an ex parte temporary basis, yes, generally the court will grant the custody- there will be a hearing on the matter to see if the temporary order shall continue. The other parent will have an opportunity to respond and oppose the request.
Keep in mind, that unless there is a court order, the parent in possession is the parent in control So the Mother does not need to allow the visits as agreed.
I suggest the Father can file for the temporary custody and if he can show that the Mother is harmful, it would be granted on an emergency basis. Otherwise, there would be a hearing and unless he can show that the Mother is detrimental to the children, I suggest the court will order a shared temporary custody.
But having that court order is very important.
Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please let me know here.
Otherwise, I would appreciate a Positive rating as that is how I get credit for my time in providing you true and correct information.
Thank you

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