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Temporary Restraining Order Form For Child Custody In Virginia
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If involving an attorney is not desirable or affordable, one can file their own petition for temporary custody with the clerk of court. There is usually a self-help desk at the Clerk of Court, or you can find the forms online.
Generally, temporary child custody is designed to last until a court can make a more informed decision about the child's long-term living arrangements based on the child's best interests.
An order for pendente lite relief, which is available pursuant to Virginia Code Sections 20-124.2 and 20-103, solves the problem. Such an order will provide a temporary custody and visitation arrangement until a final decision on custody is made by the court at trial or by agreement of the parties.
For emergency protective orders, the court will also need proof that you or your children are in immediate danger. You or the law enforcement officer may need to give testimony under oath about this probable danger.
You can file a petition for a protective order at a juvenile and domestic relations court or circuit court. Go to the clerk of court and tell him/her you want an application for a protective order. You can also find links to these forms online by going to our VA Download Court Forms page.
Your plan should have a temporary custody schedule that shows where your child lives and when your child spends time with the nonresidential parent. Your schedule should contain everything in a permanent custody schedule and show your child's daily living schedule, holidays, and vacation time.
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The Virginia Judicial System has a number of forms for each court available on the court's form page. There is a free court approved online program called I-CAN!✦ Provide for temporary custody or visitation of a minor child. Family Abuse Permanent Protective Order: Firearm Possession Prohibition (§18.2-308.). You can fill out the forms through the courthouse website system called I CAN. All fields within the form that can be edited will be highlighted in grey. This form is used in the following case types, when legal custody of the child is transferred to a relative or other interested individual;. Please print all information as neatly and completely as possible when filling out the form. It can grant temporary custody and visitation for the children; and. Domestic violence TRO.