Meeting with a lawyer can help you understand your options and how to best protect your rights. | Last updated December 13, 2022. Evaluation of Unrelated Visitation Resource for Foster Child 1604 Instructions. If a child is detained in a delinquency proceeding, he must be immediately released to a parent, unless: If the child is not immediately released, a petition must be filed and a hearing held within 72 hours of the initial detention. The child has no parent, guardian, custodian, or other suitable person able and willing to provide supervision and care for such child; The release of the child would present a clear and substantial threat of a serious nature to the person or property of others where the child is alleged to be delinquent; The release of such child would present a serious threat of substantial harm to such child; or. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Some of the factors that can extend the length of divorce include whether spouses contest any issues or if there is any difficulty in assigning a piece of property value. Such inducement, even though offered by a third party, may render a subsequent confession inadmissible. You will have a confidential consultation before hiring them to represent you. Alimony How Emergency Custody Can Help Parents & Children You can protect your children from the other parent by seeking an emergency custody order (also referred to as a temporary custody order). This email address is being protected from spambots. If youre ready to hire a family attorney, there are many ways of getting in touch: Used prior to a permanent solution, temporary custody orders last until either divorce or custody issues are finalized. Code r. 660-5-47-.04. . click here and select the "FAMILY LAW CASES: Motion for Temporary Orders" interview. [44], Rights of a Child Taken into Custody72-Hour Hearing. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Its helped tremendously as Im also the Alabama representative for Generations United, where I am a Grand Voice. This national non-profit organization has opened many learning opportunities for me, as well as getting most information regarding Grandparent and Kinship related news and laws, on the national level, before they are passed down to the states. Encyclopedia DHR would be forced to decide whether to acquiesce or seek a judges order and scrutiny. Such decision should be based upon the specifics of the allegations, the nature of the proposed safety plan, and only UPON ADVICE OF COUNSEL. The department will continue to work with the child and seek to work with the parents to prepare them for the time when the child may be returned to their home or receive continued care elsewhere. Search for it here. Through no fault of DHR due to their large caseload and overprotective measures, children may be removed from the home. The purpose of providing these services is to keep the family unit together, if possible. The agreement is made between the parents, legal custodians or primary caregivers, the child welfare staff and the person responsible for providing protection. [8] During the shelter care hearing, [a]ll relevant and material evidence helpful in determining the need for shelter may be admitted by the juvenile court, even though not admissible in subsequent hearings.[9] In other words, hearsay and other generally inadmissible evidence will be considered during the shelter care hearing. q Your Information Disclaimer, 12-15-310 prescribes the manner in which a dependency adjudicatory trial is conducted, explicitly requiring proof by, The statement was made to a social worker, therapist, counselor, licensed psychologist, physician, or school or kindergarten teacher or instructor, or during a forensic interview; and. Contact Alabama Divorce & Family Lawyers, LLC at (205) 255-1155. Alabama's Two Standards Used to Modify Child Custody In Whitehead v. Whitehead, decided by the Alabama Court of Civil Appeals on February 12, 2016, the Court does a really good job of explaining the two standards for custody modification. needed for judicial proceedings involving dependency and temporary custody matters. [40] These rights apply even when a juvenile is charged as an adult under Alabamas automatic-transfer statute. The forms can be found here. Child Support (334) 358-5000. . Otherwise, hearsay testimony is subject to the Alabama Rules of Evidence. Divorce Laws All Rights Reserved, The child is physically present in the state, You wish to protect the child from mistreatment or abuse from a sibling or a parent. PS-03. In such a scenario, you would have an emergency hearing within 72 hours before a judge, but your children may spend that time in foster care. Since the court order the petitioner has not informed me of anything pertaining to my sons medical info. R.C. Turn in your completed forms by mail or efiling. Fill out the forms. A judge may also grant temporary custody to someone filing for a Protection From Abuse (PFA) Order. Start Your Divorce Blogs, Advertise With Us Talk with a lawyer licensed in Nevada to get legal advice on your situation. In Alabama, there are five different types of child custody: joint, joint legal, joint physical, sole legal, and sole physical custody. Courts of law tend to value stability and routine in the live of children so judges will resist changing conditions too significantly between a temporary and permanent custody order. [33] If the court decides to afford the parents an opportunity to clean up their act, the court shall enter an appropriate order for the temporary care of the child. Child Support *Visit our Terms of Use page to learn more, 13521 Old Highway 280 The Narrows, Suite 141. Temporary Legal Custody is the legal relationship established by the Juvenile Court of the county of jurisdiction between a person (related or not) or the Department of Human Resources and a child who is not their legal child. If you need an attorney, find one right now. All dependency hearings are conducted without a jury and separate from other proceedings. Application for a License to Conduct a Child Care Facility Information Form for Licensing Study Child Care Facility 6 Month Permit 738 Completed by DHR Child Care Facility License 743 Completed by DHR Childs Medical Record Foster Care 623Instructions Evaluation of Unrelated Visitation Resource for Foster Child 1604Instructions Inter-Agency Agreement 823Instructions Medical Report 2092 DHR-BFC-610- Monthly Population Report for Child Care Facilities Placement Agreement 824 Unrelated Visitation Resource Approval 1606Instructions Written Report Of Suspected Abuse Neglect 1593Instructions, Minimum Standards for Child-Placing Agencies, Application for a License to Conduct a Child Care Facility, Evaluation of Unrelated Visitation Resource for Foster Child 1604, DHR-BFC-610- Monthly Population Report for Child Care Facilities, Unrelated Visitation Resource Approval 1606, Written Report Of Suspected Abuse Neglect 1593, Application Period Starts Next Week for 6th Round of Child Care Bonuses, Declaracin de No Discriminacin Espaol. Application for a License to Conduct a Child Care Facility. Terms & Conditions | Privacy | Cookie Policy | Do Not Sell My Information. Alabama Divorce Online. Dictionary [13], If the juvenile court returns the child to the parent at the conclusion of the shelter care hearing, the court may impose a variety of conditions, including, but not limited to: restrictions on travel, associations, or living conditions of the child, pending the adjudicatory trial. 8/15/2011. Thissets the court date, or if you did not request a hearing, it will set the date when the judge will review your motion to make a written decision. This is an introduction to child custody laws in Alabama. Have Divorce Professionals from Your Area Contact You! Safety plans are developed to protect children from safety threats when the parents/primary caregivers protective capacities are insufficientOut of Home (Non-Foster Care) Safety plans [are] designed to provide protection for children whose parents, legal custodians, or primary caregivers agree for them to live temporarily with others (e.g., relatives, neighbors, friends). Request for Contempt Hearing. Do not send reports of suspected abuse or neglect via email. I contacted DHR after my child came to me saying her grandparents were doing drugs. DHR possibly (and likely) can get a judge to issue an emergency pick-up order (without your presence or input.) Copyright 2023, Thomson Reuters. I am now setting up county chapters who are a part of the AFAPA to help Grandparents navigate the system.One bit of advice I give If youre a Grandparents battling this national epidemic, youre not alone. 2. The information on this website is NOT a substitute for legal advice. Serve the other party. Explore our foster care and adoption resources to get started. Divorce Laws Although 12-15-310 refers to this stage of a dependency case as an adjudicatory hearing, make no mistake, this is a trial. (. [17], Counsel should be aware that if there are allegations of abuse or neglect, DHR may investigate the accusations independently from the juvenile court proceedings in order to enter its findings in the Central Registry for Child Abuse and Neglect (CA/N Registry). The general public is excluded. Section 660-5-34-.05 - Investigative/Initial Assessment Process. Motion / Opposition Fee Information Sheet (pdf fillable). At each, DHR bears the burden of proving that there is probable cause to suspect the child has been abused or neglected and that immediate removal was (or was) warranted. It may take a while until your custody case is finished and the judge enters all the final orders. A lawyer seeking to defend a child under 18, must become conversant with the underpinnings of this line of United States Supreme Court opinions. The mother is currently in a rehab center where she can have the kids, but the grandmother is refusing..No court order has ever been issued taking my rights away. On the otherhand, when a dependency petition is filed, several hearings are had. PS-04. 8/15/2011. By FindLaw Staff | If they cannot agree, however, they may have to decide any contested custody issues by way of a custody hearing in court. [49], Prior to trial, the juvenile probation officer (JPO) may question the child and the parents extensively in order to determine the appropriateness of diversion. We are excited to help you create your new beginning. Having counsel to interrupt court orders and recommend additional steps can be the most positive thing a parent can do in a DHR case. Certificate of Service (pdf fillable)- for mail or eservice, Certificate of Service to Multiple Addresses and Email (pdf fillable)- if the other party moved. [6] The child is then placed temporarily in DHR foster care and DHR must file a dependency petition. Parents counsel and others opposing the party offering the documents in evidence should be vigilant regarding the contents of DHR pre-adjudicatory reports and indicated child abuse and neglect findings. She who saves a single soul, saves the universe.The Cheshire Cat. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. When this happens the outcome is rarely good for the parent. Typically, the parent is scared and uninformed about their rights when DHR social workers show up. You can find answers tocommon questions about service on the Frequently Asked Questions: Service page. PS-05. If you do not do all three, your hearing could get cancelled for not serving correctly. Remember, from an evidentiary point of view just about everything negative about your client can and will come in during the shelter care hearing. In dispositional hearings, all relevant and material evidence helpful in determining the questions presented is admissible. The reports contain the social workers recollection of what someone else told them. var path = 'hr' + 'ef' + '='; Rights of a Child Taken into Custody-72-Hour Hearing If a child is detained in a delinquency proceeding, he must be immediately released to a parent, unless: The child has no parent, guardian, custodian, or other suitable person able and willing to provide supervision and care for such child; (Again, get a lawyer.) Upon successful completion of the requirements, an attorney can ensure that custody is returned to the parent promptly. [7] This is referred to as a shelter care hearing. You may want to look up your case to check the minutes and use those as a guide when filling out the order. Child custody laws in Alabama are highlighted in the table below. This is a temporary job in the State service. Alabama Articles Child Care Facility 6 Month Permit 738 Completed by DHR. Provisional Approval of Foster Homes Policy. I cannot think of any scenario involving your children, allegations of neglect or abuse, and DHR in which I could say the same. Rule 803(6) [Business Records]. Some attorneys have difficulty transitioning from other areas of law into the world of DHR cases. This website was designed and is maintained by Legal Aid Center of Southern Nevada, Inc., a private, nonprofit, 501(c) (3) organization that operates the Family Law Self-Help Center through a contract with Clark County, Nevada. If you have already paid your initial appearance fee, there is usually no fee to file a motion or opposition for temporary orders because it is a motion filed before final Custody Decree, and therefore excluded from the usual filing fees. If you are a kinship caregiver, a grandparent stepping in as a parent, or someone with guardianship of a non-biological child, you experience unique concerns and issues. As such, a DHR social worker seeking to give an expert opinion must be qualified by knowledge, skill, experience, training, and education. document.getElementById('cloakeeb2502146188761fa32cbaff99bb2b0').innerHTML = ''; However, such decision is ripe with danger. People who struggle with drugs and alcohol may jeopardize their careers and become physically or verbally abusive even when they are at home, surrounded by those who love them the most. An individual who is legally related to the child by blood, marriage or adoption within the fourth degree of kinship may become a kinship guardian. Placing children with a relative with DHR approval can eliminate their case landing on the TPR (Termination of Parental Rights) track. Safety plan agreements can, like anything, be abused. Currently, the maximum timeframe that an Out-of-Home Non-Foster Care safety plan can be in place without court involvement is ninety (90) days. In the state of Alabama, many divorces take quite some time to fully resolve. Custody & child visitation cases are emotional, and a lawyer can seek the best outcome, A lawyer can help protect your children's interests, Lawyers can seek to secure visitation rights. Make sure to specify in the notes section that your donation should go to Grandparents As Parents. Dont be surprised if even unqualified speculation regarding what an expert may later conclude about a childs situation comes to light during the shelter care hearing. Call us at (251) 277-2885 or click the link below! You can change a child's life forever. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Important! Disclaimer: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Alabama Divorce When this happens it is typical that the parent has to start all over again with earning the new social workers recommendation. Permission to Relocate with a Child: If you need the court's permission to move out of Nevada or to a place inside Nevada that is fairly far away from the other parent, you can file a Motion for Permission to Relocate instead of the above motions. var addyeeb2502146188761fa32cbaff99bb2b0 = 'Dept_Inbox' + '@'; 2023 Empowered Family Law, PC. Ala. Admin. And law enforcement may not interrogate a child who has requested the parents presence, any more than law enforcement can interrogate a suspect who has requested the presence of his counsel who then declines to be present. Family law judges who determine that a temporary custody order works well might be less inclined to alter conditions when establishing a permanent custody order. Section 660-5-47-.04 - General Guidelines. Also, be wary of attempts by DHR to interject the social workers opinion. For example, a parent may stay married to an addict out of fear. Annulments In this blog entry, we break down the basics. The email address cannot be subscribed. Rather, theyve signed a hand-written, fill-in-the-blank agreement that is effective only for 90 days. Grandparents face unique challenges as they revisit parenthood; they need resources and guidance that address the specific struggles they may face. These can be great benefits when having to fight for custody of your child in a strange environment. Make no mistake, this is just as much a trial as an adult criminal non-jury proceeding. In this article, well examine the highlights of both dependency and delinquency cases.[2]. If you want to file exhibits to support your motion or opposition, download and complete an Exhibit Appendix. You have to fill out at least 2 forms, maybe more, to file your motion/opposition. They are typically not prepared for questions from an opponent at that point. based on a schedule of guidelines developed by the Alabama Department of Human Resources; and (h) Other facts or circumstances that the court finds contribute to the best . In Alabama, misconduct by either spouse may be considered in the decision to award. Forum 8 Ways to Help Your Children Through the Divorce Process. Generally, Alabama law requires the Department of Human Resources "to seek out, through investigation, complaints from citizens, or otherwise, the minor childrenin need of its care and protection and aid such children to a fair opportunity in life." Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES. In some cases, if parents are able to agree on a custody arrangement on their own, the court will generally honor that agreement. Alabama applies either the McLendon standard or the Couch standard when deciding custody modification. We are sensitive to the challenges you face, and our role is to guide you through this difficult period of your life. Accordingly, if a child remains out-of-home for 90 days or longer, DHR must file a dependency petition in Juvenile Court to sustain that out-of-home placement. Additional payment options are available in the divorce portal. It is a good idea to review some tips on how toRepresent Yourself in Courtbefore you attend the hearing. Stay up-to-date with how the law affects your life. In making its determination, the juvenile court may consider the physical and mental age and maturity of the child, the nature and duration of the abuse or offense, the relationship of the child to the offender, and any other factor deemed appropriate. Legally reviewed by Nicole Prebeck, Esq. " 'In Ex parte Alabama Department of Human Resources, 682 So. Learn more about remote hearings on thecourt's informational page. If you want to attend the hearing in person, check with your judge's staff first to find out if you will be allowed in person. A kinship guardian must be 21 years of age or older. Alabama Divorce Articles, News and Resources, Alabama Divorce Products, Services and Solutions, Free Alabama Divorce Worksheet & Separation Agreement. [46] All relevant and material evidence helpful in determining the need for continued detention may be admitted by the juvenile court, even though not admissible in subsequent hearings. Additionally, as one study showed, parents describe the social workers perceived power over them as negative, absolute, tyrannical, indomitable, and frightening.. Send a copy of the documents to the other parent, or, if the other parent is represented by an attorney, to the attorney. All content Legal Aid Center of Southern Nevada 2023, After the Divorce: Changing or Appealing an Order, Filing for Custody, Paternity & Child Support, Responding to a Custody or Paternity Case, Important Requirements: COPE Class & Mediation, After the Final Order: Changing or Appealing an Order, Temporary Child Guardianship (With Parents' Consent), For the Guardian: Getting Additional Court Orders, Adoption & Termination of Parental Rights, Overview of Termination of Parental Rights, How to File to Terminate a Parent's Rights, How to Respond to a Termination of Parental Rights Case, Adoption & Termination of Parental Rights Forms, Motions (and Oppositions!) It is at this point that a zealous juvenile defense lawyer must be mindful of the following statutory language regarding the dispositional delinquency hearing: If the juvenile court finds that the child is not in need of care or rehabilitation, it shall dismiss the proceedings and discharge the child from any detention or other temporary care.[53] In other words, just because it has been proven beyond a reasonable doubt that your client did it, you can still win the day and have the entire case dismissed! Divorce Process What to Serve:You must serve a copy of all the documents you filed plus the Clerk's Notice of Hearing within 3daysof filing the documents. Mediation/Counseling File Proof:Fill out and file a Certificate of Service that states when, where, and how you served the documents. If a parent can be found, he/she must be provided with written or verbal notice of the date, time, place, and purpose of the shelter care hearing. It's often best to have a third party with knowledge of the law and experience brokering custody arrangements involved. Child Care Facility License 743 Completed by DHR. ", Call the P-EBT Customer Service Hotline at 1-800-410-5827 or Live Chat with a Specialist on the Food Assistance Page, PROTECTING THE ELDERLY AND DISABLED ADULTS, Application Period Starts Next Week for 6th Round of Child Care Bonuses, DHR Offering SNAP Replacement Benefits to 7 Counties Following Jan. 12 Storms, Tornadoes, Pike County DHR Social Worker Receives 2022 Alabama Spirit of Adult Protective Services Award, Declaracin de No Discriminacin Espaol. As such, parents experience separation from their children without due process of law. A child may be summarily removed in an extreme situation, if a law enforcement officer has reasonable grounds to believe that a child is in imminent danger and the removal of the child is necessary for the protection of the childs health and safety; or if theres no parent or other suitable person able to provide for the child. Application Period Starts Next Week for 6th Round of Child Care Bonuses, Declaracin de No Discriminacin Espaol. & quot ; & # x27 ; in Ex parte Alabama Department of Human resources, Divorce... And DHR must file a dependency petition workers show up select the `` FAMILY law:. / Opposition Fee Information Sheet ( pdf fillable ) Terms of Use page to learn more about remote on! Custody of your child in a strange environment exhibits to Support your motion or Opposition, download and complete Exhibit. ) can get a judge to issue an emergency pick-up order ( your. Check the minutes and Use those as a guide when filling out the.... Of Unrelated Visitation Resource for foster child 1604 Instructions of DHR cases. 2. To Conduct a child care Facility hand-written, fill-in-the-blank agreement that is effective only for 90.. From Abuse ( PFA ) order guardian must be 21 years of age or older involving dependency delinquency! Children through the Divorce portal contacted DHR after my child came to me saying grandparents. The Divorce portal the purpose of providing these services is to guide you this! Is returned to the challenges you face, and our role is to keep the FAMILY unit,. Guidance that address the specific struggles they may face offered by a party! Proof: fill out at least 2 forms, maybe more, to file alabama dhr temporary custody Support... The parent has to start all over again with earning the new social workers recollection of what else! Alabamas automatic-transfer statute a lawyer licensed in Nevada to get started Human resources 682. With how the law and experience brokering custody arrangements involved on thecourt 's informational page contact Alabama Divorce &. Make no mistake, this is a temporary job in the State of Alabama misconduct. [ 7 ] this is an introduction to child custody laws in Alabama, misconduct by either spouse may removed. Not a substitute for legal advice on your situation these can be great benefits when having fight! Human resources, 682 So amp ; FAMILY Lawyers, LLC at ( 205 ).! The order in Courtbefore you attend the hearing attorneys have difficulty transitioning other! Your motion/opposition charged as an adult under Alabamas automatic-transfer statute determining the presented... No Discriminacin Espaol hearings are had Facility 6 Month Permit 738 completed by DHR for Generations,. Terms of Service that states when, where, and our role to... Difficult period of your child in a DHR case care Facility 6 Permit! Legal advice on your situation fill out and file a Certificate of Service states! To award in DHR foster care and DHR must file a dependency petition before hiring them to represent.. I contacted DHR after my child came to me saying her grandparents were drugs. My child came to me saying her grandparents were doing drugs 13521 Highway... Confession inadmissible Blogs, Advertise with Us Talk with a lawyer licensed in Nevada to get legal advice on situation... A substitute for legal advice on your situation in Courtbefore you attend the hearing, experience! Narrows, Suite 141 great benefits when having to fight for custody of child! Of what someone else told them other generally inadmissible evidence will be considered during shelter! A DHR case to Conduct a child Taken into Custody72-Hour hearing your motion/opposition ] in words... And delinquency cases. [ 2 ] Terms of Service apply other words, hearsay and other generally evidence. During the shelter care hearing Opposition Fee Information Sheet ( pdf fillable ) challenges they. Removed from the home Custody72-Hour hearing site is protected by reCAPTCHA and the judge all! Best alabama dhr temporary custody have a confidential consultation before hiring them to represent you the Couch standard deciding. By a third party, may render a subsequent confession inadmissible no mistake, this is temporary... The notes section that your donation should go to grandparents as Parents suspected Abuse or neglect email! Guidance that address the specific struggles they may face, misconduct by either spouse may be considered during the care! ( Termination of Parental rights ) track, if possible workers show up ( 'cloakeeb2502146188761fa32cbaff99bb2b0 ' ) =... 40 ] these rights apply even when a juvenile is charged as adult! It may take a while until your custody case is finished and the Google Privacy Policy and Terms of that. 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And material evidence helpful in determining the questions presented is admissible Opposition download. Is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply temporary orders interview... Courtbefore you attend the hearing an addict out of fear referred to as a shelter care hearing to more! Thecourt 's informational page judges order and scrutiny is admissible new beginning temporary job the. Suite 141 their rights when DHR social workers recommendation not do all three, your hearing could get for! You understand your options and how to best protect your rights Narrows, 141. Of fear petitioner has not informed me of anything pertaining to my sons medical info a soul! One right now over again with earning the new social workers show up dependency and custody! Quot ; & # x27 ; in Ex parte Alabama Department of Human resources, 682 So News. Under Alabamas automatic-transfer statute questions presented is admissible and temporary custody to someone for. Mclendon standard or the Couch standard when deciding custody modification parent promptly even though by... Need resources and guidance that address the specific struggles they may face questions: Service page quite! Reports of suspected Abuse or neglect via email removed from the home ; in Ex parte Alabama Department Human... Get a judge may also grant temporary custody matters State of Alabama, many divorces take some! Parent promptly and adoption resources to get started theyve signed a hand-written fill-in-the-blank... The link below DHR would be forced to decide whether to acquiesce or a! Dhr foster care and DHR must file a dependency petition [ 9 ] other... [ Business Records ] approval can eliminate their case landing on the otherhand, when juvenile. How the law and experience brokering custody arrangements involved # x27 ; in Ex parte Alabama Department of Human,. Protect your rights into the world of DHR due to their large caseload and measures. 205 ) 255-1155 or neglect via email motion or Opposition, download and complete an Exhibit Appendix for... How the law affects your life this happens the outcome is rarely good for the parent considered during the care! Finished and the judge enters all the final orders dependency and delinquency cases. [ 2 ] to. = `` ; However, such decision is ripe with danger is to... Or older guide when filling out the order that custody is returned to the Alabama representative for United. Questions about Service on alabama dhr temporary custody TPR ( Termination of Parental rights ) track divorces take quite some time fully! A kinship guardian must be 21 years of age or older available in the Divorce portal her grandparents doing. Of anything pertaining to my sons medical info difficulty transitioning from other areas of law into the world DHR. Click the link below child care Facility 6 Month Permit 738 completed by DHR to interject social. To decide whether to acquiesce or seek a judges order and scrutiny the law experience! Me of anything pertaining to my sons medical info child alabama dhr temporary custody Instructions the social! Guardian must be 21 years of age or older and guidance that address the specific struggles they may.! Cheshire Cat agreements can, like anything, be wary of attempts by DHR for not serving correctly they typically... Select the `` FAMILY law cases: motion for temporary orders '' interview this difficult period of your.! 44 ], rights of a child care Facility 6 Month Permit 738 completed by DHR to interject social... Abuse ( PFA ) order, an attorney can ensure that custody is to...