This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Motion Of Temporary Orders In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-000299
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Word;
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FAQ
Emergency temporary custody orders can be issued within days or weeks after filing. If the situation is very urgent, a hearing may take place within hours. This hearing is likely to be held ex parte, meaning your child's other parent may not be in attendance to present their side.
Immediate danger: If your child is in immediate danger due to domestic violence, drug abuse, or criminal activity in the home, you may be eligible to petition for emergency custody. Parental abduction: If one parent takes the child without the other parent's consent, this may warrant an emergency custody order.
Filing a motion for a temporary order in divorce can be important when any of the following issues need to be dealt with: Custody and visitation, in which case a temporary order would outline a schedule for when each party has time with the child(ren)
As the name suggests, temporary custody provides a short-term court order granting either on parent, or both parents, custody until the parents are able to reach a permanent custody agreement. In contrast to creating a parenting plan for long-term use, the court can grant temporary custody quickly.
Ex parte orders are typically temporary. They usually remain in effect only until a full hearing can be held with both parties present, usually within 10 to 20 days, depending on the jurisdiction.
There can be many reasons, but it should all comes down to one or more of these most basic reasons: The motion for temporary orders does not have valid grounds in the law (in other words, the law does not permit the relief requested).
To address the immediate needs of the children involved, a motion for temporary custody is filed to establish a temporary arrangement until a final custody agreement is reached.
Emergency temporary custody orders can be issued within days or weeks after filing. If the situation is very urgent, a hearing may take place within hours. This hearing is likely to be held ex parte, meaning your child's other parent may not be in attendance to present their side.
Temporary custody orders often become permanent, but they may change if the evidence presented supports a change. At trial, you have an opportunity to present the court with more evidence than it likely had when it entered the temporary order.