Temporary custody is a critical element in the family law system in Georgia.
One of the most common inquiries we receive is, “How long does temporary custody last in GA?” The answer is that the duration of temporary custody varies, but it typically lasts until a court can make a final decision.
Let’s take a closer look into what temporary custody is and what affects how long it lasts.
Temporary Custody Order Georgia
A temporary custody order in Georgia is commonly issued during divorce proceedings or when the child’s welfare is at risk.
It provides temporary parental rights to one party while the court assesses the best interests of the child.
How Long Does a Temporary Custody Order Last
A temporary custody order in Georgia lasts until the court makes a final determination, which can take several months to over a year, depending on the complexity of the case.
What Happens After Temporary Custody is Granted
After temporary custody is granted, the Georgia court will continue its investigation into the child’s best interests.
This could involve home visits, interviews, and other assessments.
Just because you are granted temporary custody in the beginning does not mean you are guaranteed custody at the conclusion of the case – and vice versa for the other parent.
Emergency Temporary Custody Order Georgia
An emergency temporary custody order in Georgia is issued when the court believes the child is in immediate danger. This could be due to abuse, neglect, or other severe circumstances.
Ex Parte Emergency Custody Order Georgia
An ex parte emergency custody order in Georgia allows one party to petition the court without the other party’s presence.
This is typically granted in cases where the child’s safety is a pressing concern.
Later on, notice is given to the other parent and they can be heard on the matter, to see if the ex parte order should stand, or if it should be modified or even thrown out.
How to Overturn an Emergency Custody Order
To overturn an emergency custody order in Georgia, you must demonstrate to the court that the circumstances that led to the order have changed or were misrepresented.
Usually, this court date comes very soon after an ex parte order is granted, so make sure you talk to a local family law attorney as soon as possible if this has happened to you.
How to Make a Temporary Custody Order Permanent
In Georgia, to make a temporary custody order permanent, you must prove that it is in the child’s best interest.
This involves showcasing stability, a safe environment, and your ability to cater to the child’s needs.
In some cases, the court may appoint a guardian ad litem – attorney who represents and investigates to find out what the best interest of the child is – to help decide whether or not to make the temporary custody order a permanent one.
Reverse Temporary Custody Order
To reverse a temporary custody order in Georgia, you need to demonstrate a significant change in circumstances that would make the reversal in the child’s best interest.
This could include improved living conditions, rehabilitation from substance abuse, or other significant changes.
This, however, can be an uphill battle and you’ll need rock solid evidence to back up your claims.
Understanding the nuances of temporary custody in Georgia is crucial for protecting your rights and the best interests of your child.
Always consult with an experienced family law attorney in your county – or the custodial parent’s county – to navigate these complex processes effectively.