One of the important aspects of caring and supporting children is to make certain that they are watched over by someone who can care for them. When emergencies occur involving child custody, it is understandable that you would like to act immediately to make sure that your child receives adequate care. The following will review how to petition for temporary guardianship of a child.
Automatic Standing Order
When a person files a custody action, in many parts of Georgia, a standing order goes immediately into place. A standing order restricts the parties in action from doing several things, such as relocating with a child outside the state of Georgia.
Some standing orders additionally restrict the ability of both parties to travel with the child outside of Georgia. Standing orders only provide limited guidance for parties. The value of standing orders is ultimately limited.
Temporary Child Custody Proceedings
In divorce cases, a person can file a petition seeking temporary custody of a child or children. Any custody action should be initiated in the county in which the opposing party resides.
After the action is initiated, either party is then able to seek a temporary hearing during which custody rights will be determined. Different counties in Georgia have different rules regarding when temporary hearings are granted.
Emergency Custody Orders
When a child is in danger or there is a risk of child abuse, it is understandable that parents and family members often want to take immediation actions. In these cases, a person must file for an emergency custody. To obtain an immediate hearing, the court must be provided with the appropriate forms and information.
In many counties, this means that parties must draft and file motions for an emergency hearing. This motion also must explain what the emergency is and why the court should immediately hear the case to prevent the child in question from being harmed.
There is some helpful advice that you should remember if you are pursuing a custody action and need an immediate response from the court, which includes:
- Before filing a custody action, determine when a temporary hearing can be granted. Knowing this can help you determine how to best fight for your custody rights.
- If you think that the opposing party will attempt to deny your rights or ability to interact with the child, you should take the necessary steps and request a hearing as soon as possible.
- If you plan on requesting temporary custody or visitation rights, you should make sure to complete a proper parenting plan before proceeding to court. This is because courts are more likely to award you custody rights if you show up prepared.
- Understand that after a hearing is granted, it remains the burden of the party requesting custody rights to convince the court that is in the best interests of minor children to be granted custody rights.
Speak with an Experienced Family Law AttorneyObtaining guardianship in an emergency can be complex, which is why it can greatly help to obtain the assistance of an experienced family law attorney. Contact Vayman & Teitelbaum, P.C. today to schedule a free initial consultation.