Is There Way to File for Temporary Custody If I Feel that my Children are being Neglected by my Ex?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“I do not have custody of my children and they reside with there mother. I am greatly concerned for there welfare. My children are being neglected in many ways and i want to file for custody but I know that they are not being cared for. Is there anything i can file for temporary custody until my case is heard by the judge. I reside in the state of Mass and I am unsure of what my rights are.”

Question: In many states there are emergency procedures to get “ex parte” orders. If there are serious health and safety issues, sometimes the court will grant temporary orders until some qualified professional can take a look at a family structure. Additionally, anyone found making false allegations of child abuse or neglect may lose a great deal in the way of timeshare and attorney fees.