How do I get a temporary custody order or modification of custody decree?

Law Offices of John Schmidt & Associates, PLLC recommends you consult with an attorney who deals with temporary custody orders and modification of custody decrees because it is easy to make a mistake.

If you seek a temporary custody order or modification of a custody decree, then you must submit an affidavit setting forth facts supporting the requested order or modification together with the moving papers.

In order to properly ask the court for a temporary custody order or modification of a custody decree, you must give notice to other parties to the proceeding together with a copy of your affidavit. The opposing parties may file opposing affidavits.

The court shall deny the motion for a temporary custody order or modification of a custody decree unless it finds adequate cause for hearing the motion is established by the affidavits.

If the court finds there is adequate cause for a hearing for a temporary custody order or modification of a custody decree, then the court shall set a date for hearing on an order to show cause why the requested order or modification should not be granted.

See KRS 403.350 for more information.

If you are in Kentucky, then I’d recommend that you call my office at 502-587-1950 or 502-509-1490 to schedule a consultation if you have an agreement, parenting schedule or court order to discuss your options.

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