Practice Areas
DIVORCE ARTICLES
Important Facts About Temporary Child Custody You May Want to Know
A short-term arrangement is made to ensure that your children are being taken care of before a final custody arrangement has been decided. This is called temporary child custody. Just like other types of custody, this type of custody allows the custodial parent to make all the decisions for the child. This may include any decisions regarding the child’s school, welfare or healthcare.
Although guidelines and rules for this type of custody vary from each state, what typically happens is that a parent or grandparent will seek temporary custody of a child and the court will grant the parent or grandparent temporary custody until a decision is made. Also, every state has different conditions regarding temporary custody. You will want to make sure you are verse on the different laws for your state. You may contact your family lawyer to discuss what options you have.
Temporary custody is necessary in some cases because it may take months to a year to have a decision for the courts. The temporary custody will make a schedule of when each parent is to care for the child. This will prevent a parent not letting a parent see the child and also prevent a parent from running off with a child. It will help ensure stability for the child and the parents involved during the divorce process.
If a custody order is not issued for the children, both parents will decide and make any decisions regarding the upbringing of the children while they are separated. Relatives and non-parents may also file a temporary custody if the parents are not physically or mentally capable to take care of the child.
You may request a temporary custody order after a divorce petition has been filed. This process is completely separate from the divorce. The temporary custody hearing will evolve some or all of these factors: visitation, child support, any changes in the final custody order, domestic violence protection, any issues that may arise if the custodial parent is not available and any issues pending an appeal.
Most courts do not require as much evidence as you would submit in a
permanent custody hearing. You and your family law attorney will want to
consider the factors of your case and focus on what is best for you child.
This is important so that the judge will decide in your favor.
You will want to play close attention to all the things that may rise in
your temporary custody hearing. This will set ground rules for the final
decisions like support, visitation and custody of the child. If you find
yourself losing temporary custody of your child, you should prepare yourself
for the final custody hearing. You will want to make sure you stay in touch
with your child, provide your child support financially and visit your child
as much as possible and most importantly, you will want to make sure you can
provide a very stable and secure home life for your child.