Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Why Choose Us

Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.

Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.

We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.

Law in the Media

View All

Meet Todd Spodek


The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

Temporary Custody in New York

By Spodek Law Group | March 11, 2021
(Last Updated On: July 27, 2023)

Last Updated on: 27th July 2023, 06:42 pm

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.

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.  

Free Consultation


I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me, and my company Qumana skincare feel comfortable and confident that the team was going to work hard for me. Everything...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.


85 Broad St 30th Floor, New York, NY 10004


get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005


get directions


35-37 36th St, 2nd Floor Astoria, NY 11106


get directions


195 Montague St., 14th Floor, Brooklyn, NY 11201


get directions
Call Now!