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Video instructions and help with filling out and completing Emergency temporary custody order
Many parents worried about keeping the children with them while the divorce is pending in my years of family law practice I've had many clients ask can I get a temporary custody order hi my name is miles Mason I'm a divorce attorney in Memphis Tennessee we represent clients in the greater Memphis Bartlett Collierville and Germantown Tennessee areas in this message I explain the process of obtaining temporary child custody orders in Tennessee requests for temporary custody orders are filed in the cases of divorce legal separation annulment and actions for separate maintenance so you just need to understand any temporary custody order or will be replaced with a permanent order when the divorce or other type of case is final as you'll see obtaining temporary custody orders is not a given let's start from the beginning there are two most common reasons for requesting temporary custody orders reason number one there's an emergency situation either parent can request a temporary custody order to protect the child for example one parent may request a temporary custody order to prevent the other parent from removing a child from the court's jurisdiction to protect the child from an abusive or neglectful parent to get the child away from you know otherwise harmful environment an emergency petition for a temporary child custody order may be made initially ex parte ex parte means no notice of the petition was given to the other parent consequently the other parent is prevented from participating arguing or even presenting evidence it's because the other parent has left out that the court must review its temporary emergency custody order within 15 days as required under Tennessee rules of procedure the review hearing is the other parents opportunity to present his or her side of the story to the judge after evidence and testimonies provided by both parents at the hearing the judge will either continue the order modify the order or terminate the order one more thing about emergencies an accident that puts the custodial parent in the hospital for an extended period of time for example could be a reason for the non-custodial parent to request a temporary custody order the court can order temporary child custody whenever an emergency situation arises even after the divorce is final reason number two in this situation there is no emergency but one parent wants the status quo maintained or stopped with a temporary court order until a final order is entered it's possible that both parents want a temporary order say if they're arguing all the time now you mean they may even agree on a temporary parenting plan in many cases where the parents are communicating well they may want to plan in place so they both know what they're doing with regard to legal decision-making in childcare when parents agree it's possible that only one will file a proposed temporary parenting plan which they which the court may adopt by default before the divorce either.