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Ashley's Question: Who is usually granted the temporary custody? My ex took my son away from me and refuses to give him back. I have a warrant for my arrest and he's holding this over my head. I have a criminal history as a minor and am on probation and I have to check in with my P.O. every week along with random urine tests. How can I get my baby home? What's the way I can do it soonest?

Brette's Answer: Courts like to stay with the status quo, so it's likely your son will stay with his father. You can get visitation though and continue to fight for custody. As the case goes on, you're going to need to take a drug test I imagine, show that you live in a stable environment, that you have good parenting skills and that it would be best for your child to live with you.

※ When do temporary custody orders go into effect?
Ruth's Question: My ex filed Temporary Custody Orders with the court and we have a hearing in a few days. Do the Temporary Custody papers go into effect as soon as they are notarized or after the hearing? Also, I need to file an answer but I can't find a form for this. Do I also have to pay a filing fee for submitting an answer to his complaint?

Brette's Answer: Temporary orders take effect immediately. You usually walk out the door with the papers. Call the court clerk to ask which form to use for an answer. Ask if there is a filing fee. This varies in each state. Good luck.
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