Waiver Process and Child Protection in Temporary Custody Hearing

The legal definition of temporary custody is –  “In a separation or divorce proceeding, an order granting one parent temporary physical possession of a child.” Additionally, temporary custody could also be granted in situations where both parents of the minor are no more to a guardian or a custodian. The nature of these hearings can be very sensitive as these cases involve minors (children). Depending on the case it can get complicated, and that is where we come in. Our exceptional team of family law attorneys will work with you and provide expert legal advice on how to proceed.

If you find yourself in a situation where you need to apply for a waiver from the temporary custody hearing, here’s what you need to know (formal process);

• A parent, guardian, custodian or a child  can apply to be waived from the temporary custody hearing as per Rule 9.
• The waiver needs to be given in writing and duly signed by the parent, guardian, custodian or the child.
• If the parent, guardian, custodian or the child who signs the waiver is self-represented then this written waiver should be accompanied with an attorney’s certification stating that he/she has explained to his client that by signing this waiver the client is forfeiting the right to object and to present evidence at the hearing in opposition to the court’s order regarding child custody. Additionally, the client also loses the right to appeal the court’s orders.
• This waiver and the certification has to be on a form approved by the Chief Justice of the Juvenile Courts.
• Courts will conduct a colloquy with the parent, guardian, custodian to establish that the decision to file for the waiver was voluntary and well thought of.
• A child’s attorney may sign the waiver and the certification form on behalf of his/her client.

Make the right decision by seeking expert legal advice. Our law firm has a dedicated team of family law attorneys who specialize in dealing with temporary custody hearings. We will be more than happy to assist you with your difficult situation. Call us on (855) 254-7841 to schedule a free consultation.