This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
Connecticut USLegal Guide to Temporary Custody
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US-GDE-05
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FAQ
The Order of Temporary Custody from a court is usually the last legal concept involved in the removal of your child. At times, a DCF investigation can result in the DCF field worker requesting a 96-hour administrative hold, which legally allows DCF to hold your child for up to 4 days.
Teenagers, in particular, may object to being told they must spend specific blocks of time with a parent, even in families not dealing with divorce. As a result, we are commonly asked by clients at what age a child can refuse visitation. Under Connecticut law, there is no fixed age.
Here's the process: Complete an Affidavit. State all the reasons why the child is ?immediate and present risk of physical danger or psychological harm.? Persuade the judge that there needs to be emergency order now rather than waiting for a hearing.
In Connecticut, child custody is divided into two types: legal and physical. Whoever receives legal custody has the right to make important decisions on the child's behalf.
STANDBY GUARDIAN: Custody of a child can also be obtained without going to court by becoming a Standby Guardian. A standby guardianship is created by having the parents sign a document available from the probate court stating that they are consenting to have the grandparent or relative take guardianship of their child.
The Connecticut theory is that a child should receive the same proportion of parental income as he or she would have received if the parents lived together. In other words, even when parents have joint custody, there may be child support moving from the higher-earning parent to the lower-earning parent.
What Do Courts Look at When Deciding Custody? Your child's needs. What are your child's developmental needs, including their physical, emotional, educational, and special needs? ... Your child's relationships. ... Your child's living situation. ... The health of everyone involved. ... Other factors.
Complete an Affidavit. State all the reasons why the child is ?immediate and present risk of physical danger or psychological harm.? Persuade the judge that there needs to be emergency order now rather than waiting for a hearing. Be convincing ? but always be truthful. File the Affidavit at the Court Clerk's Office.
