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.
Texas USLegal Guide to Temporary Custody
State:
Multi-State
Control #:
US-GDE-05
Format:
Word;
Rich Text
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FAQ
In order to begin the process, the proposed guardian must complete and file an ?Application of Temporary Guardian,? pleading that ?the danger to the person and property of Proposed Ward requires immediate action.? Next there is a hearing before a judge who determines at that time whether or not a temporary guardianship ...
A parent can sign an ?Authorization Agreement? form to give a close relative or approved nonrelative authority to care for and make decisions for a child. Here, you can find links to the forms and answers to your questions about when an authorization agreement is an option.
At a temporary orders hearing involving children, the judge determines, by approval of agreement by the parties or on the judge's direction, which parent will have temporary conservatorship and possession and access to the child and the right to determine how and where the child will live during the divorce process.
Prepare the necessary documents: To request an emergency custody order, you must file a sworn affidavit with the court detailing the specific facts and circumstances that demonstrate the immediate danger to the child. Additionally, you need to complete a Petition for Temporary Restraining Order and a Proposed Order.
In Texas, a TRO lasts for 14 days or until your temporary orders hearing, whichever is first. But what about after the hearing? If a set of temporary orders worked for all family members, then the court might choose to turn the temporary order into a permanent or final order to finalize the divorce.
Guardianship is not an easy, quick or inexpensive process. It requires the services of a licensed attorney because it involves a legal action against the person in question, which may result in a loss of their rights.
To prepare for a temporary orders hearing, you will need to make sure you give the court any documents they require such as Financial Information Statements, pay stubs, or other documents. You should also be prepared with a proposed parenting plan and a summary of what relief you are requesting from the court.
(a) The court shall appoint a temporary guardian by written order if, at the conclusion of the hearing required by Section 1251.006(b), the court determines that the applicant has established that there is substantial evidence that the proposed ward is an incapacitated person, that there is imminent danger that the ...