Many parents are worried about keeping their children with them while the divorce is pending. In my years of family law practice, I have had many clients ask, "Can I get a temporary custody order?" Hi, my name is Miles Mason, and I am a divorce attorney in Memphis, Tennessee. We represent clients in the greater Memphis, Bartlett, Collierville, and Germantown Tennessee areas. In this message, I will explain the process of obtaining temporary child custody orders in Tennessee. Requests for temporary custody orders can be filed in cases of divorce, legal separation, annulment, and actions for separate maintenance. It is important to understand that any temporary custody order will be replaced with a permanent order when the divorce or other type of case is finalized. As you will see, obtaining temporary custody orders is not guaranteed. Let's start from the beginning. There are two most common reasons for requesting temporary custody orders. Reason number one is when there is 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 the child from the court's jurisdiction, or to protect the child from an abusive or neglectful parent, or to get the child away from an otherwise harmful environment. An emergency petition for a temporary child custody order may be made initially ex parte. This means that no notice of the petition is given to the other parent. Consequently, the other parent is prevented from participating, arguing, or even presenting evidence. 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 parent's opportunity to present his or her side of the story to the judge. After evidence...
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Emergency Temporary Custody order Form: What You Should Know
A supplement to the . Petition for Temporary Emergency (Ex Parte) Orders. The Petition for Temporary Emergency (Ex Parte) Orders is the formal petition to the court to issue a Temporary Emergency(ex parte) order. A Petition for a Temporary Emergency (Ex Parte) Orders: Is it a legitimate petition? If the answer is yes to at least 3 questions (questions 1-4) the court will need to grant the temporary emergency temporary custody order. (In fact at the time this document was first posted, the only reason I had received this response, was because I had asked the right questions (they were about the right court forms), and the court had already signed the petition for temporary emergency. ) The court will have to sign the Motion for Temporary Emergency Temporary Custody Order. It is called a Motion for Emergency Temporary Custody Order because if the temporary order is not granted, in the opinion of the court, the family will suffer grave and irreparable harm. The court will be given all the following information: How much time to petition for the Order? How many hearings will be held? How much will the time (time to petition) be allocated? A temporary custody & visitation order shall be granted within 5 hours of the filing of the Order. How many hearings will be held? A Temporary Custody & Visitation Order shall be granted within 5 hours of the filing of the Order. How do I request a temporary custody order? You would write to the clerk with the following information: The name of the case you are requesting a temporary custody order with; The address, city, state and zip code (where the family lives) for the other parent; If you are filing on behalf of the other parent or the child, the names and addresses of two legal or parenting experts who are willing to sign a petition or affidavit that states that the court is in need of “extraordinary” assistance from them (if they know this is necessary) or that the court should be directed (by written order) to conduct a hearing on the issue of whether emergency custody will be granted. The affidavit stating that it been filed under oath should be accompanied by a complete copy of the court papers for that case.
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