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To prepare the petition, gather information about the child, including their name and any relevant medical or educational details. Explain the emergency in your petition and why there is an immediate need for temporary custody. You must provide concrete evidence and documentation to support the claims in the petition.
Temporary guardianship can be established without court involvement through written agreements or power of attorney, allowing for quick arrangements in emergencies. Obtaining clear parental consent and notarizing agreements are essential steps to ensure the legal validity of temporary guardianship arrangements.
In Louisiana, if there is no agreement between the parents, joint custody is mandated. The court only awards custody to one of the parents over the other if they are able to demonstrate that joint custody is not in the childs best interests by clear and convincing evidence.
In Louisiana, an ex parte custody order can be granted under conditions where there is a substantial risk to the childs health, safety, or welfare that necessitates immediate intervention.
Navigating Your Temporary Custody Hearing Documentation showcasing your involvement and stability in the childs life, such as a record of attendance at school events or medical appointments, can be persuasive.
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Temporary custody is only good for a limited time period and may only be extended for an additional 15 days by the court. During that time period the court must conduct a full hearing, to determine if the custody should remain with you. The time period depends on the type of temporary custody you request.

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