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A state that does not otherwise have jurisdiction may enter a temporary emergency order if the child is in danger and needs immediate protection. After issuing such an order, the state court should determine if there is an existing custody order from another state in effect.
In the decades leading up to the 1970s child custody battles were rare, and in most cases the mother of minor children would receive custody. [5] Since the 1970s, as custody laws have been made gender-neutral, contested custody cases have increased as have cases in which the children are placed in the primary custody of the father.
In the area of domestic violence, U.S. courts will routinely issue a temporary order of protection (TOP) (or temporary protective order, TPO) to prevent any further violence or threat of violence. In family law, temporary orders can also be called pendente lite relief and may include grants of temporary alimony, child custody, and/or visitation.
Most countries recognize a parent's right to children, called visitation, residence, or contact.Most courts, including American and European, will allow the parent who does not have primary custody (the noncustodial parent) to have specified visitation and access to the child.
If abduction appears imminent, a court may issue a warrant to take physical custody of the child, direct law enforcement officers to take steps to locate and return the child, or exercise other appropriate powers under existing state laws. A warrant to take physical custody is enforceable in the enacting state even if issued by different state.
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In 2017 Kentucky drafted House Bill 492, which addressed temporary custody orders. This bill established that if both parents agreed on a temporary order, the court would presume that is the best arrangement for the child and that if they did not agree, the court would presume the parents should share the temporary custody equally.
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