Determining child custody is often the most difficult part of any
divorce or separation. Temporary child custody is intended to last until the child
custody proceeding is finalized. Temporary custody is not automatically
granted to either parent. The request to establish temporary custody will
need to be filed with or shortly after your initial divorce petition.
Unless a temporary restraining order is involved, it can take some time
before a temporary child custody hearing is scheduled. It’s recommended
that you review your options with a
family law attorney to ascertain your rights and compile a case.
A judge will review the temporary custody request and make a determination
based on the child’s needs, the emotional and physical state of
the parents, and the capability of each parent in meeting the needs of
the child. Regardless of the initial determination, a judge can alter
the temporary custody order prior to the finalization of the divorce if
the child’s needs aren’t being met, or if the parents aren’t
adhering to the requisites of the initial temporary custody agreement.
Child custody is determined during the divorce proceedings, and the temporary
child custody order will be invalidated upon the judge’s final decision.
Emergency Child Custody Orders
Emergency temporary custody orders, including protective orders, are available
for children living in unsafe environments; however, a judge will require
proof that your child is in immediate danger.
Emergency situations include:
- Physical or sexual abuse
- Unsafe living area
It can be difficult to prove that your child is in danger. Hiring a family
law attorney is your best option when petitioning for emergency custody.
A family attorney can advise you on custody orders and temporary restraining
orders, and assist you in filing out your petition and completing your
If you are seeking to initiate a temporary child custody order, contact the Law Office of Kathryn Marteeny
at (713) 936-2300.
Our dedicated Houston attorneys have over 30 years of experience in handling
custody cases, and we want to help you secure the best future for your child.