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Temporary Custody in New York

Temporary Custody in New York

Temporary custody orders are a short-term solution to parenting disagreements that can wait for a regular hearing but cannot wait until the end of the legal proceedings.

Also referred to as pendente lite orders, these orders can lay out the details of physical custody, visitation and child support during the course of the litigation process or settlement process. They are usually issued at the first appearance or conference.  From that point, they remain in effect until a judge modifies them or issues final orders.

Temporary custody orders can be agreed upon between the parents or requested from the court. If a parent does not agree with the terms of a temporary order, he or she can propose another.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

B their nature, temporary custody orders focus on short-term issues and solutions.  Nevertheless, attorneys caution that they can have an impact on final orders and they should always be approached with that in mind.

How can I get temporary emergency custody as part of a custody petition?

For children in New York, parents can apply for temporary custody in New York as part of a custody petition. If you are looking to win an ex parte temporary custody order, which can be issued without the other parent being notified in advance, judges will generally only grant temporary ex parte custody orders in extreme situations. You may be obligated to prove to the judge that there is immediate and present threat of abuse and it is necessary to protect you or your children or that there are other urgent circumstances.

If New York is not your child’s home state, you still have a right to file for temporary emergency custody (jurisdiction) in a New York court as long as your child is presently living in the state and it is necessary in an emergency to protect the child, a sibling, or parent of the child. If there is not a custody order in place from another state, then a New York court could hand down a temporary emergency custody order that could stay in effect until the home state issues an order that says otherwise. After six months, if the child continues to live in New York and no other custody petition is filed in another state, then that temporary emergency order could become a final order.  If there is already a custody order from another state, the New York temporary emergency custody order will state a period of time that the order is in effect with the purpose of allowing the victim to return to the court that issued the original order to attempt to modify it. That said, if the New York judge perceives that the child is in immediate (imminent) risk of harm, the temporary emergency order may remain in effect until the original state’s court is updated to assure the protection of the child. In such scenarios, the judge in the New York Family Court is supposed to communicate with the judge in the original state to determine how to best protect the safety of the parties and the child and to determine a period for how long the temporary order will last.

Emergency orders

Ex parte orders might be necessary in an emergency, such as if a child is at risk of being harmed or removed from the state within a few days.

Lawyers usually recommend filing for emergency orders in the family court for its faster timeline. If you are on the verge of separating or divorcing through Supreme Court, you can proactively file your emergency issue in family court. Another option available to you is to contact Child Protective Services.  This agency will conduct an investigation to determine if the issue necessitates an emergency order.

When you launch your case or go to modify an order, your attorney needs to request your emergency order through an Article 6 custody petition or an Article 8 family offense petition. Using the latter, the family offense petition, the offending party can potentially be slapped with criminal charges.

Normally, a judge will hear your case the day you file. You will be sworn in under oath and given a chance to explain your situation. The respondent may inform the judge they’re contesting, but they can’t present information.

If the judge determines that it is necessary to issue the emergency order, he or she will schedule a follow up hearing, at which the order can be terminated, extended or replaced by temporary orders. At this hearing, the accused party can now present evidence.

Hire a Temporary Custody Lawyer

Working with a well informed temporary custody lawyer is a smart way to make certain you get the results you really need.  Call us right away so we can step in and help secure the safety of your child.  

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