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First Petition for Child Custody Form PS-05: Use this form only if this is the FIRST custody order for your children. To CHANGE an order, use form PS-07 above. Important! You MUST file this form in the same county where the children live.
Used prior to a permanent solution, temporary custody orders last until either divorce or custody issues are finalized. These orders are used a way to prevent arguments between parents about custody related issues and can provide a method of recourse if a parent fails to comply with custody arrangements.
For children who have been in care 12 of the last 22 months, a TPR petition must be filed unless there is a compelling reason not to do so (refer to Permanency Planning Policies And Procedures). For children who have been abandoned for 4 months, a TPR petition must be filed within 14 calendar days.
(a) If an incapacitated person has no guardian, an emergency exists, and no other person appears to have authority to act in the circumstances, on appropriate petition the court, without notice, may appoint a temporary guardian whose authority may not extend beyond 30 days and who may exercise those powers granted in ...
But generally, filing for temporary custody in Alabama involves the following steps: File for custody in family court or another court that hears these types of matters, Gather evidence and prepare a compelling case for custody, Prepare for the custody hearing, and. Review options for reconsideration or appeal.
Fortunately, Alabama law allows the court to grant emergency custody in extreme situations. The decision to file for emergency custody should not be taken lightly. It is only granted when a child has been abandoned or abused. Threatened abuse or mistreatment is also grounds for emergency custody.
You may file in the family court or a court of a different name that hears custody cases. Generally, you will file in the county where the child lives and, depending on the circumstances, you may be able to request an emergency or temporary order as part of your petition.
Acknowledgment of non-representation: This is used when one spouse gets an attorney and the other does not. It must be signed by all spouses and be filed at the county court. An Answer and Waiver: The Defendant waives the right of service to process. It acknowledges that the spouse has received the divorce papers.