Virginia Beach Temporary Custody Lawyer

Temporary custody orders grant the petitioning party custody of a child for a particular period. These orders are most often granted when parents separate before getting divorced and in cases where the safety and well-being of the child are at risk.

In emergency situations, where the child is potentially in danger, the court can grant the temporary custody order without prior notice to the party that will temporarily lose custody.

Whatever reason you have for filing for temporary custody, an experienced Virginia Beach family lawyer can help protect your rights as they fight to secure temporary custody on your behalf.

In most Virginia divorce cases involving children, spouses must be separated for at least one year before they can file for divorce. While waiting to file and put a permanent custody order in place, it is important to clarify how custody will be handled in the meantime.

A temporary custody arrangement can be established by discussing the situation with your spouse and signing a temporary parenting plan. This plan outlines the rules for communication with your children, when each parent has the children, and how exchanges will be handled. If unable to come to terms with your spouse, you can petition the court for temporary custody.

When seeking a temporary custody order, hiring a temporary custody attorney serving Virginia Beach can make all the difference. If there is no challenge to the order, and the opposing party fails to participate during hearings, the order may be made permanent.

For cases where your spouse has either partial or full custody of your child and you believe they are in danger in their care, the best way to protect them is by filing an emergency order. With an emergency order, you can secure immediate temporary custody of your child to remove them from a dangerous situation.

When you file an emergency order, which is also referred to as an ex–parte order, the court will evaluate the situation to ensure they keep your child out of harm’s way. Several circumstances could lead to the court granting an emergency custody order for the safety of a child, including the risk of:

• Immediate danger or harm
• Sexual abuse
• Abduction and removal from the state

Immediate Danger or Harm

If your child is being abused by your former spouse in any way, you can seek an emergency order for temporary custody. Any form of abuse applies, including physical, mental, and emotional abuse. However, the abuse must be significant enough for the court to rule that an emergency situation exists.

The threat to your child does not have to come directly from your ex-spouse. If they bring another party into the home where your child is living or if they expose your child to drugs or alcohol, the court may grant a temporary custody order.

Sexual Abuse

One of the most heinous acts a person can commit is an act of sexual abuse against a child. In this situation, the court will take swift action to remove the child from harm if they determine that a threat exists. If you believe your child is in danger, you should file for an emergency order granting temporary custody.

Abduction and Removal from the State

When you file for temporary custody to prevent the abduction and removal of your child from the state, the court will review the evidence you provide, and if they determine that the risk is genuine, they will issue an order before the other side has an opportunity to respond.

This temporary injunction will prohibit the other party from removing the child from the court’s jurisdiction.

If your spouse removes your child in contradiction to your custody arrangement and without your permission, a temporary custody order may be granted to remove your child from the care of your spouse. Furthermore, their loss of parental rights could be made permanent, and they could also be facing criminal charges regarding parental kidnapping and abduction.

Whatever reason you have for seeking temporary custody of a child, you will need to file a petition with the court for an order to be granted. When filing, you must submit an affidavit explaining all the relevant information about your situation. The judge will consider this sworn statement when making a ruling.

While temporary custody can be granted immediately as part of an emergency order, a hearing will also be scheduled where both parties will have the opportunity to present their case. These hearings tend to be scheduled for shortly after the emergency order is granted, leaving little time to prepare.

An experienced Virginia Beach custody modifications lawyer can help you build your case and ensure you are prepared for trial so you can help safeguard your child.