When divorced parents find themselves unable to promptly agree on child custody arrangements, seeking temporary custody through the family court becomes a viable option. Temporary custody serves as a short-term solution, often implemented in situations where immediate decisions are necessary for the well-being of the child. This interim arrangement allows parents to establish a structured custody plan while navigating the complexities of divorce proceedings. Temporary custody orders provide clarity and stability for both parents and children during the transition period, offering a framework for parenting responsibilities until a permanent custody agreement is reached or ordered by the court.
The court temporarily grants one parent physical custody of the child while finalizing a custody agreement. You may also refer to NRS 125A.145 regarding Physical custody.
If one of the parents files a court petition for child custody, a temporary child custody case starts. For more detailed information regarding child custody, refer to NRS 125A.045. The temporary child custody application states the parent’s reasons why they deserve granting custody of the child. Before issuing a temporary custody order, the court may select a lawyer to represent the child’s best interests.
But also finding out how long temporary child custody lasts will be our primary topic, as well as other related information. So, keep reading to find out more.
What Is Temporary Child Custody?
The question of custody arises whenever a child cannot live with both of their parents. The decision of when and where the child will go should be made by the involved parties. Until the court issues a permanent custody order, temporary custody entails temporarily putting the child with one parent or guardian. The designated person will continue to look after the child after that.
There are two approaches to deciding which parent grants interim custody. Usually, the couple will make the decision themselves. If they cannot do so, they will have to go to court, where a judge will choose which parent gets custody. However, the child’s best interests should always be the top priority when making this decision.
Furthermore, the outcome of such a custody battle may be impacted long-term by temporary child custody. The priority is ensuring that the youngster is safe and cared for. Therefore, the likelihood that a temporary child custody arrangement will become permanent is higher if the child benefits from it.
How to get temporary child custody?
When parents cannot agree regarding where the child should reside while resolving family matters, temporary child custody is necessary. As the name suggests, this is a temporary resolution until child custody and arranged visitation rights. Parents have two options when attempting to obtain temporary custody of their children: securing a temporary child custody order through family court or obtaining temporary custody outside of court.
Who Can Get Temporary Child Custody?
Anyone may give a child temporary custody. However, the caretaker in charge of the child is typically someone the child’s parents know. Additionally, they should be able to provide for the child while caring for them. Or they can be called as to what statute NRS 125A.135 stated. Among potential custodians are:
- The child’s grandparents
- members of the child’s extended family (aunts, uncles, etc.)
- children’s godparents
- relatives and close friends
Reasons for filing for Temporary Child Custody
Divorce is the most common reason for requesting temporary child custody. One parent is granted custody during the separation or divorce proceedings until a final custody agreement reaches. Other divorce issues, including child support, are addressed simultaneously. Additionally, it can ensure that one parent will only take the child and relocate if they inform the other parent.
Other grounds for temporary guardianship exist as well. These consist of the following:
- Conflicting Responsibilities. It indicates that a parent’s responsibilities related to their work or school prevent them from being able to take care of their child. An erratic schedule, frequent travel, or even a military deployment may be to blame for this (service).
- Domestic Violence. It occurs when a youngster is in a dangerous situation or has been abused by either one or both parents or a family member—emergency custody orders are issued regularly in these situations.
- Hospitalization or Illness. It occurs when the parent cannot care for their child due to an illness, an injury, or because they’re presently receiving medical attention.
- Lack of financial capacity. It indicates that the family’s finances are unstable or that a parent cannot provide for their child financially.
How To File for Temporary Child Custody?
The initial step is to appear in the child’s local family court if one exists. Next, you need to fill out the paperwork related to child custody. Depending on the location, there can also be a charge. The required documentation will often be as follows:
- a request for such an order stating the reason
- a custody request statement in the form of a support declaration
- a proposed temporary order
- Proof of service
The petitioner should file for temporary custody and notify the other parent. Both partners must attend a court hearing, where both spouses’ testimony and that of other witnesses may be permitted, depending on the court’s rules. Additionally, spouses may present evidence showing that the child’s best interests are served by being in their care. After examining the petition’s details, the judge may ask if they have any further questions.
After the hearing, the judge will decide who will get custody of the child. This decision may be the suggested temporary order or a modified version. The judge may also determine that further information is necessary to reach a fair conclusion. The court will set another hearing in such a situation, and the judge will defer the decision until after that hearing.
What Is an Emergency Child Custody Order?
An emergency custody order is a particular kind of temporary custody order. This order is typically delivered when a child is at risk or their surroundings are unhealthy or harmful. That would generally apply when someone physically or sexually abuses a child. Because of worries for the child, obtaining emergency custody is typically completed fast. They are often given out within a few days or, in emergencies, just a few hours.
How To File for Emergency Child Custody?
The procedure for requesting emergency child custody is similar to that described above. The main distinction is that the case’s process will go more quickly. The petitioner must first submit a request for emergency custody to the appropriate family court, which outlines the urgency and seriousness of the situation. The court often determines whether to grant the order in a few days or hours.
A private hearing may also occur in these situations, meaning the other parent will not attend the hearing. After the court grants emergency custody, both parents will attend a second hearing where they can present evidence. After reviewing the evidence and hearing from both parents, the judge will decide on one of three outcomes. They will either nullify the ruling, make alterations, or allow the ruling to stand as is.
What grounds exist for emergency custody?
Frequently, a parent’s situation changes, requiring filing a petition regarding emergency child custody. The non-custodial parent may obtain immediate custody after a family court emergency hearing. In these situations, the parent seeking emergency custody must provide reasons and grounds to the emergency family court. These are the justifications for emergency custody:
- There is a considerable risk of harm to the child.
- Someone could forcibly take away a child, posing a risk to their safety.
- Someone could hold the child against their will if they are outside the country.
The grounds regarding emergency custody include types of situations when one child is in danger or harmed while in the care of another parent, the primary caregiver abuses the child, or perhaps the custodial parent engages in drug or alcohol misuse, all of which will have a potential impact to cause the child considerable harm. You could use an emergency custody order if one parent has taken the child and is not returning it.
What differentiates temporary custody from an emergency custody order?
The court grants temporary custody when divorce proceedings are ongoing, or the parents cannot agree on child custody while considering the case. On the other hand, emergency custody is utilized in critical situations involving immediate dangers and requires a valid reason to obtain it.
What factors does the court consider before granting temporary custody?
The court can only grant a temporary custody order if it serves the best interests and welfare of the child.
The courts consider the needs of the child’s body and mind while weighing the child’s interests. The courts also consider if the child is currently living in a stable family and if removing the child from that house is acceptable unless there are issues with the child’s health and safety that supersede that rule.
How fast could I obtain a temporary custody order?
The court is still determining the time it takes to grant temporary custody. After filing a family court petition, the judges will schedule a hearing date to decide whether to issue a temporary custody order. However, if the situation is urgent, the court may prioritize it, or a request for an emergency order is possible, which will be discussed in more detail later.
How long does the temporary custody order last?
Temporary custody orders don’t endure forever, as the term might imply. When divorcing spouses desire to keep the child until the final decision, they frequently request temporary custody orders. As a result, the court will enforce the interim custody order until the finalization of the divorce or another order is issued. However, the court considers temporary custody orders while determining permanent child custody.
What should you do before attempting to obtain temporary child custody?
A spouse should assess the need to seek child custody before pursuing it, as taking a child away from a stable home environment may sometimes hinder their development.
If a parent believes that obtaining temporary child custody would be in the child’s best interests, they should first attempt to talk with the other spouse. Courts settle most disputes involving children out of court; however, legal representation may be necessary if the other spouse refuses to cooperate. Child custody attorneys can review the case in detail and offer advice on its likelihood of success. If the parties cannot agree on temporary custody, the lawyers can also help them file an appeal to the family court and schedule mediation.
How long does it take to get before an emergency family court?
An abridged hearing, also known as an emergency custody hearing, occurs on the same day the application is filed. The other parent needs to be made aware of such hearings. The judge will issue an interim order in an emergency. After then, the court will set the case for another hearing so the other parent can present their side of any claims.
After a temporary custody order is granted, what happens next?
A temporary order is effective until the earlier of three events:
- If the court revokes the temporary custody order, the court may terminate the person’s custody rights.
- After reviewing additional information or a modification in the case, the judge may alter the order.
- A judge may substitute a final custody order for a temporary one, awarding the permanent parent custody (s).
The spouse without custody is granted visitation rights after implementing a temporary custody order.
Unless there is an excellent basis for thinking that the parent is a danger to the kid, the court typically accords these rights, which implies that they can visit their child under supervision. That covers issues like potential abuse and alcohol or drug addiction.
How long does a temporary child custody order last?
Because every situation is different, there is no standard duration regarding the temporary child custody order, and the times can also change depending on the location. The court maintains temporary orders unless it modifies them or issues a final custody order.
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If you’re a parent worried about your child’s well-being or want further details or information on temporary custody and emergency orders, Huggins Law Office is here. Our lawyers are always open to hearing the whole story about your case and will give you advice on every matter. Then don’t hesitate to book an appointment or consultation with us or call us at (702) 387-4014.
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