Temporary custody, motion for
When parents are in a custody case, either parent can ask the court for a temporary (short-term) custody order. They have to file a written statement explaining why. A judge can decide on it after a hearing, or just based on the written statement if no one objects. If the divorce or separation case gets dropped, the temporary custody order goes away too — unless a parent asks to keep going just for the custody part, and the judge agrees it is best for the child.
452.380. Temporary , for — dismissal of , effect of. — 1. A to a may move for a . The motion must be supported by an . The court may temporary custody after a or, if there is no objection, solely on the basis of the affidavits.
2. If a for or is dismissed, any temporary custody order is unless a parent or the child's moves that the proceeding continue as a custody proceeding and the court finds, after a hearing, that the circumstances of the parents and the require that a be issued.
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Source & history notes
(L. 1973 H.B. 315 § 17) Effective 1-01-74
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