Immediate Temporary Custody in Connecticut can be granted to a non-relative in Probate Court if certain conditions exist. There are several different scenarios in which a Probate Court can grant Immediate Temporary Custody. However, as a practical matter, it almost involves a situation where the child is not in the physical custody of one of the parents and the child needs immediate protection. The individual with whom the child is then residing petitions the Probate Court for a court order.
When the child is imminent danger and they are with a parent, then DCF files for an Order of Temporary Custody in Juvenile Court.
The Probate Court will grant Immediate Temporary Custody if:
1. The child was not taken or kept from the parents or other legal guardian; and either
2. There is a substantial likelihood that the child will removed from Connecticut prior to a hearing; or
3. To return the child to the parent(s) would place the child in circumstances resulting in serious physical illness, injury or imminent danger prior to the hearing.
If the judge grants the request without a hearing (ex parte) then a hearing involving all the interested parties must be held within five days. The judge will also order DCF to conduct an Investigation into the allegations and have a report ready for the hearing.
This request must be filed in conjunction with either a Petition for Removal of Guardianship or a Petition for Termination of Parental Rights.
Connecticut Immediate Temporary Custody Attorney
I represent clients in estate planning matters though out Fairfield County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.