Questions about Temporary Custody Laws

What is temporary custody?

There are different types of child custody. Many times during a legal separation or divorce the court grants one party temporary custody of the child(ren) until the divorce is finalized. Having a temporary child custody order in effect before the divorce can prevent a lot of problems. It can not only prevent misunderstandings with the other parent, but it can also give the parent a choice if the parent doesn’t agree on the custody arrangements. Temporary custody order can be a result of a divorce, a restraining order, or a separate court order. As the name suggests, a temporary custody is not permanent. Final custody is the court’s decision about where to place the child. Below are the most commonly asked questions about temporary custody.

Can a mother that is not married sign temporary custody to a grandparent without the father’s consent?

If the mother has custody of the child, she normally has the right to assign custody to whoever she wants. On the other hand the father has the right to request custody in the best interest of the child. If the father wants to seek custody, he would need to petition the court for custody.

In the state of Alabama how long does a temporary custody order stay in effect?

In the state of Alabama a temporary custody order stays in effect until the court finds a person that is eligible for permanent custody of the child. The court looks into the placement of the child, and the best interest of the child. Until an order for permanent custody has taken effect, the order for temporary custody usually continues.

If a parent has physical custody of a child or children, and wants to relocate, can they get temporary custody until the court has made the final custody arrangements?

In most cases, the parent can request the court to allow temporary custody while the custody case is still going on. For this to be granted, the parent will need to confirm that the relocation would not affect the child’s best interest; that means that the child would still be able to have contact and access with the other parent, and the relationship would not be effected or fade because of the move. The goal is to keep the child’s best interest in mind during the custody case.

In the state of Louisiana if the parents agree, how can someone obtain temporary custody of a minor?

The parents and the person will need to obtain temporary custody or temporary legal guardianship over the child in order to take care of school and medical issues. A Temporary Custody Agreement is a form to allow temporary custody to another person. These agreement forms can be found online. Temporary custody can be suspended at any time by the parents granting the custody. The Louisiana temporary guardianship form is a document by the minor’s parent or guardian that provides another person with temporary legal guardianship to make decisions on health, educations and other aspects relating to the child.

Can a step-parent file for temporary custody if the mother is deceased, and the father is nowhere to be found?

In such situations, the step-parent can usually file for temporary custody. When the step-parent steps up to support and take care of the child as if they were their own, they should file a petition with the court to modify custody. The courts will decide on the custody based on the best interest of the child. This could include factors like the stability of the person seeking custody, financial stability, the child’s current school and environment, the condition of the household and living condition of the child, and other people living in the house hold. If the step-parent can show the judge that they would be a better parent, then the court would usually grant the custody. At a point in a parent’s life, they may need to turn over the care of their child to someone else; many times this is only for a temporarily time. Such situations can include the need to go out of town, or time to recover from a medical issue. When this happens, they can take certain steps so that the interests of the child are taken care of. Temporary custody can make this possible.