Obtaining Temporary Custody in New York
Navigating each state’s custody laws may be complicated. Here’s how to get temporary custody in New York.
To get temporary custody in New York, create a temporary custody plan to outline the reasons behind your request and the measures you will take to provide for the child. Next, file an Order to Show Cause and a Petition for Custody to the Family Court in the child’s county of residency. Be prepared to present your arguments for temporary custody in front of a judge.
What is temporary custody?
Temporary custody grants a parent the rights to make decisions about a child’s upbringing, such as where the child will live, for a set amount of time. Individuals who are in the middle of a divorce proceeding or who believe a child is in imminent danger are among those who commonly seek temporary custody orders.
A judge may enact a temporary custody order if they believe the order is in the child’s best interest. Parents may also file for temporary custody upon receiving approval from a judge.
Related: 10 Questions to Ask a Child Custody Lawyer
Steps to Get Temporary Custody in New York
- Create a temporary custody plan.
An individual who can’t agree on temporary custodial agreements with the other parent should consider presenting a temporary custody plan to a judge. Consider including the following in a temporary custody plan:
- Which parent will have decision-making authority over the child (also known as legal custody)
- Which parent the child will live with (also known as physical custody)
- When each parent will see the child
- How each parent will financially support the child
- File an Order to Show Cause and a Petition for Custody.
An Order to Show Cause and a Petition for Custody are ex parte forms which expedite the scheduling process for a court hearing and ensure the other parent will not be present for the initial hearing.
You can physically drop the forms off to a Family Court or digitally submit the forms through New York’s Electronic Document Delivery System (EDDS). The forms must be filed to a court located in the borough where the child lives.
- Prepare for your first appearance with a judge.
Be prepared to explain the reasoning behind your request for temporary custody in front of a judge. The judge may proceed with your request in the following ways:
- Approve your request and grant emergency interim relief
- Deny your request and schedule a separate court hearing for your custody petition
- Attend the scheduled child custody court hearing.
The parent who filed the petition may provide reasons for temporary custody, such as a temporary custody plan. The other parent may agree to the temporary custody plan or argue against the proposed terms. Both parents must attend a scheduled court hearing if a judge denies the original temporary custody request.
- Wait for the court’s decision.
A judge will likely grant temporary custody if there is sufficient evidence that the order may benefit the child’s physical and mental wellbeing. Temporary custody may last until a judge signs a permanent custody order.
Related: Legal Custody vs Physical Custody: The Difference
Contact Us
If you or a loved one would like to learn more about how to get temporary custody in New York, get your free consultation with one of our child custody attorneys today!