Also known as: temporary custodies · temp custody · temporary physical custody
Written by attorneys · grounded in primary & secondary sources — see below
A provisional court order that awards custody of a child to one parent during the pendency of a custody proceeding or dissolution action. The order is entered on motion supported by affidavit and is decided under the best-interests standard after a hearing when the opposing party objects.
Timothy Tang files for legal separation and immediately moves for temporary custody of the couple's two children. His motion is accompanied by an affidavit detailing his daily involvement in school and medical matters. His spouse files a timely opposing affidavit. Because an objection exists, the court schedules a prompt hearing and applies the best-interests factors before entering the temporary order.
Tyrone Tran, a high-school principal, receives reports that a student athlete may be using drugs. The school places the student in temporary custody of administrators for the limited purpose of conducting a urine test under the district's policy. The arrangement lasts only for the duration of the school day and the testing procedure.
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Tanner Thompson returns from Puerto Rico with his two children after their mother had surrendered them for a short visit. The mother institutes custody proceedings in New York Family Court. The court places the children in the temporary custody of the mother's new husband and grants the father visitation rights pending further hearings.
Tabitha Taylor files a complaint in California seeking custody of her children after the father takes them to New York. The trial court immediately grants her temporary custody and restrains both parents from removing the children from the state pending resolution of jurisdictional issues.
Tiffany Torres has served as a foster parent for nine years. When the agency removes the child, the foster parents argue that their long-term temporary custody created a protected interest. The court rejects the claim, holding that prolonged foster placement does not confer a vested right superior to the natural parent's rights.
Travis Tate and his spouse lose temporary custody of their child after the state substantiates neglect allegations. Although the parents retain a fundamental liberty interest in the care of their child, the temporary placement with the state does not terminate their rights and requires fundamentally fair procedures before any permanent severance occurs.
A court may award temporary custody without a hearing only when no party files an opposing affidavit. The statute permits decision on affidavits alone if there is no objection. An opposing affidavit triggers the requirement of a hearing before entry of the order.
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The motion must be supported by an affidavit setting forth facts that justify the requested order. The moving party must also give notice and a copy of the affidavit to other parties, who may file opposing affidavits.
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The temporary custody order is vacated unless a parent or custodian moves that the proceeding continue as a custody action and the court finds after a hearing that the circumstances and the child's best interests require entry of a custody decree.
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No. When an opposing affidavit is filed, the court must hold a hearing before entering the temporary order. Decision on affidavits alone is permitted only in the absence of objection.
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…sought an order restraining appellant from removing his children from the State. The trial court immediately granted appellee temporary custody of the children and restrained both her and appellant from removing the children from the State of California. See 19 Cal. 3d 514, 520, 564 P. 2d 353, 355 (1977). The record does not…