Will the judge give a temporary custody order?
While the custody case is going on, the judge will usually give a temporary custody order that gives the child equal access to both parents as much as is practical unless:
- temporary custody would be harmful (detrimental) to your child’s welfare after considering the factors listed in How will a judge make a decision about custody?; or
- the judge believes that the abuser has a history of committing domestic violence against you, your child, any other child, or a romantic partner the abuser lives with (“domestic living partner”). If the judge believes this, the abuser may not get custody unless s/he meets certain requirements. See Can a parent who committed violence get custody?1
1 AK ST §§ 25.20.070; 25.24.150(g)