Temporary and Emergency Custody Orders

Learn About Temporary and Emergency Custody Orders in the State of Georgia

Children should never have to suffer as a result of their parents' divorce. By obtaining a temporary custody order, you can seek relief and establish some stability for your children while your case is in progress. With decades of experience in handling child custody, complex divorces, and family law matters in Marietta and Cobb County, The Gentry Law Firm is dedicated to protecting and advocating for your children with knowledge and compassion.

In the state of Georgia, custody orders can grant one or both parents the authority to care for minor children during a separation or divorce. Temporary custody orders typically grant one parent primary physical custody during the divorce proceedings, while emergency custody orders are often necessary in cases involving domestic violence, child abuse, or abandonment.

Temporary custody orders in Georgia detail important aspects such as the parenting plan, visitation schedule, child support payments, and temporary possession of family homes or vehicles. Emergency custody orders are issued in urgent situations involving child abuse, neglect, abandonment, the risk of parental kidnapping, domestic violence, or emergency circumstances for the custodial parent.

These orders lay the groundwork for final custody arrangements and provide stability for children who may be removed from their homes or separated from their primary caregivers. Temporary custody orders may also include provisions for spousal support and may prevent the sale of valuable assets. Emergency orders, known as ex parte orders, are issued without the presence of the party losing custody in cases of child abuse or domestic violence to protect the safety of all parties involved.

In Georgia, custody decisions are rendered based on the best interests of the child, and a parent seeking an emergency order must present compelling evidence of changed circumstances that warrant a modification in custody arrangements. Temporary and emergency custody motions can be filed not only during the divorce process but also to seek changes in final custody arrangements. Contact us today to learn more about your legal rights.

Reasons for Seeking Temporary Custody

There are several reasons temporary custody becomes a viable option, and these include:

• Remarriage
• Changes in mental or physical health, whether improved or worsened
• Substance abuse or addiction issues
• Job loss
• Child's preference (if they're old enough to decide)

Motions for Temporary Custody

Our team of child custody attorneys is dedicated to safeguarding your child from any potential harm posed by a parent or financial instability arising from a separation or divorce. We manage all aspects of pursuing temporary or emergency custody and address any inquiries you may have concerning related matters.

Initiating a Petition for Temporary or Emergency Custody in Georgia

In Georgia, the process for seeking temporary and emergency custody necessitates filing in the county of residency, each with its specific set of procedures. In Cobb County, a parent can request a temporary hearing when initiating divorce proceedings. Either parent holds the right to file for emergency custody before or during divorce or separation if there are concerns of abuse or neglect by the other parent.

Temporary Guardianship in Georgia

There are instances where it becomes essential to seek temporary guardianship for minor children when neither parent is able to provide care. Similarly, a concerned third party can pursue temporary custody by applying to the Superior Court of their county if they believe the child is in jeopardy.

Temporary guardians are granted the legal authority to make decisions pertaining to a child's medical care, access to finances, and other important choices. This authority is relinquished if one parent successfully petitions the court for custody.

Child Support in Temporary Custody Scenarios

When a temporary custody order is filed on your behalf, we can also pursue child support to ensure that your spouse continues to fulfill their financial responsibilities towards their children, even if they no longer reside with you and the children.

Our motions for temporary custody aim to include adequate child support to cover essential needs such as food, housing, clothing, education costs, medical expenses, and more.

Alimony

In cases where one spouse earns significantly more income, alimony may be mandated as part of the temporary custody order, particularly in situations where the other spouse needs time to re-enter the workforce. For marriages of extended duration (20 years or more), spousal support may be required until the receiving spouse remarries or in the event of the death of either party.

Understanding Alimony and Support

In Georgia, custody decisions are guided by the Best Interests of the Child doctrine, taking into account various factors such as:

• Parental wishes
• Willingness of each parent to support the child's relationship with the other parent
• Child's preference of residence (based on age)
• Quality of the child's interactions with family members and key individuals in their life
• Child's connections to home, school, and community
• Physical and mental well-being of both parents
• History of domestic violence and abuse by either parent

Child Preference in Custody Cases

As children grow older, they may have more input in custody decisions:

• Children aged over 11 but under 14: Temporary custody may be granted for up to six months, subject to a review for permanent determination.
• Children aged 14 and above: Children may choose their primary residence unless the Court deems it not in their best interests.

Our Temporary Custody Lawyers Can Provide Assistance

If you have concerns about your child's welfare, health, and financial stability, it is crucial to have a temporary custody attorney who can address your worries. The Gentry Law Firm understands the challenges of divorce and is dedicated to securing custody arrangements that meet your needs and protect your children's well-being.

Our child custody attorneys in Marietta, GA handle all aspects of custody matters, including:

• Filing motions for temporary and emergency custody
• Seeking and enforcing child support
• Equitably dividing marital assets and debts
• Assisting with temporary guardianship
• Ensuring the safety, security, and stability of your children
• Pursuing appropriate spousal support
• Safeguarding your standard of living