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Temporary Custody order Form: What You Should Know
It is important to keep in mind that when we transfer the legal custody rights to one person we still have legal custody of the child. All children are entitled to see the other parent, but only to the extent that custody permits the other parent to have access to the child and maintain contact. When the other parent cannot or will not be there to care for their child, they have the legal right to request a Temporary Custody Agreement (TCA). A TCA may be requested by a parent where the father or mother believes that they can not or will not take care of the child. The following types of requests are also valid: · For physical custody where the person seeking custody is unable to be there; · For visitation upon physical custody unless there has been a recent physical separation or there has been an order for custody (refer below for types of orders of custody) and the parent requesting custody is unable and unwillingness to return there; · For parenting time, and other types of custody related agreements; · For other forms of custody related agreements only if the other parent is unable and unwilling to return there; · For any agreement that is not in violation of the laws of this state, federal or foreign jurisdiction; · For visitation only if an emergency exists so that a custodial parent is unable to be in the home to take care of the child. · For any agreement that is in violation of the laws of this state, federal or foreign jurisdiction. · For children in an unsafe environment; · For children that have been abused; · For children who are in need of placement (i.e., abuse in the home, placement for adoption, children who have been trafficked or whose rights are being violated); · For children who are subject to domestic violence or domestic violence of a sexual nature; · For children who are physically abused; · For children that have not yet been born, but who are in danger of being born with a dangerous genetic abnormality.
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