Skip to content

Child Custody | Family

Can I Get Temporary Custody While My Divorce Is Pending?

10 min read
Philip Ahn, Attorney

by Philip Ahn, Attorney

Sometimes, one spouse may get temporary custody of the children until the divorce is finalized. Speak to your divorce attorney to determine if this is an option. Generally, temporary custody will be available if there is evidence that the children would be better off with one parent during the divorce proceedings, such as if one parent is deemed more stable or better able to provide for the children’s needs. The courts may also require parents to attend counseling sessions or classes to assess the children’s best custodial arrangements.

Child Custody And Visitation Arrangement

Child custody laws vary from state to state, but the courts generally seek to ensure that both parents have a continuing and meaningful relationship with their children.

Generally, courts will award custody to one parent and grant visitation rights to the other. In some cases, joint custody may be available when parents demonstrate that they can work together in their children’s best interest.

After the marriage dissolution, making decisions about the care and custody of children is one of the most challenging issues to resolve.

A co-parent’s commitment to a child’s life is essential for their development. When a couple decides to separate, it’s vital that both parents remain involved in the child’s life and jointly make decisions.

A parent’s home may be designated as the primary residence of a child while they are under temporary custody in some cases.

If the two spouses can agree without the court or mediation, it is more beneficial for all parents involved. When a child custody and visitation plan is in place, the parents must remain committed to following the agreement.

Engaging a family law attorney in a child custody dispute is highly recommended. Depending on the circumstances, arriving at a child custody agreement outside of court may be possible and avoid litigation.

The Courts Look At The Children’s Best Interest In Custody Matters

Generally, the courts encourage the parents to agree on temporary custody arrangements. However, the courts can make decisions concerning child custody and visitation if parents cannot come to an agreement. The courts look at the best interest of the child when making.

Suppose a spouse lives far away, affecting a child’s school routine or other activities. In that case, the hearing may award temporary child custody to the geographically closer co-parent, affecting how much time a spouse spends with their child.

The judge will make its ruling based on the child’s best interests, and any spouse may get legal or physical custody of the child.

Suppose the other spouse has more financial resources or can provide a better living environment for the child. In that case, this may count when determining which spouse should have primary child custody. Sometimes, a judge may grant the child’s custody to one parent and grant visitation rights to the other spouse.

A Final Divorce Decree In Child Custody Cases

A final divorce decree is a legal document that states the court’s decision regarding the following:

  • Child custody
  • Child support
  • Alimony payments
  • Division of assets or debts and other matters

Temporary Child Custody Agreement While The Divorce Is Pending

A temporary child custody agreement should be in place while a divorce is pending. This agreement outlines who will have physical and legal custody of the minor child(ren) during this time.

The two parties can agree on temporary child custody arrangements, which will be in effect until the court allocates permanent custody rights. The judge may grant the child’s legal or temporary physical custody to one parent until a permanent decision is available.

When deciding on a temporary custody order, the hearing will consider the child’s well-being. A temporary custody order typically lasts until the judge determines a final custody order.

Temporary custody orders provide structure and stability during divorce and can be very helpful if the parents cannot agree on a parenting plan.

Upon the conclusion of a divorce, a temporary order will end, and a permanent order will come into place. A permanent order may be similar to a temporary one or have some variations.

The Temporary CustodyChild Agreement Specifies Co-Parents’ Roles

The temporary custody child agreement should specify which co-parent will pay for the necessary bills, such as:

  • Medical expenses
  • Educational expenses and other costs related to raising the child(ren), such as:
    • Extracurricular activities

The temporary agreement also includes the following:

  • The amount of child support
  • The parental visitation rights of each spouse

A spouse can request a temporary child custody order if they need to establish who will be responsible for the care and control of their child while the overall custody arrangement takes place in court.

Your family law attorney can help answer questions about temporary child custody and visitation and work with you and the other parent to determine a plan in the child’s best interest. Additionally, each parent’s attorney can assist in requesting temporary child custody.

Temporary Custody Arrangements Are Suitable For Spouses With Minor Disagreements

A temporary agreement is ideal for couples with no major disagreements and who can agree to create a temporary arrangement while awaiting the ruling of their divorce settlement.

Determining Whether A Parent Is Eligible For Temporary Child Custody

The judge will consider several factors when determining whether or not a co-parent is eligible for temporary custody, including the safety and well-being of the child as a top priority. Also, the judge examines the evidence presented in the divorce proceedings before deciding on temporary custody arrangements and any other necessary orders.

How A History Of Abuse Might Impact Child Custody Decisions

Suppose one spouse has a history of abuse, neglect, addiction, or similar issues that could negatively affect the child’s well-being. In that case, a judge may grant temporary sole custody to the other parent during the divorce proceedings.

Child Custody Mediation While Divorce Is Pending

The mediator will help the parents to agree on a temporary arrangement for child custody and visitation that is satisfactory for both parents. The mediator will also help the parents consider the long-term aspects of a child custody arrangement, including reasonable arrangements when the child reaches maturity.

If the parents involved cannot sit in the same room during mediation or if they cannot reach a final agreement during mediation, then the judge can award temporary child custody.

A Court Order In Child Custody Issues

A court order will outline the rights and responsibilities of each co-parent. Depending on the situation, a court order may be necessary to ensure that both parents agree to the temporary custody arrangements.

When A Temporary Order Occurs In Child Custody Matters

A temporary custody order is a court order that gives one party temporary custody of a child until further notice from the court. A custody order occurs if immediate child welfare issues need attention. It is usually issued while waiting for a more permanent arrangement to be determined by the court or while both parents work towards resolving their custody dispute during a divorce.

Many reasons can disrupt a child’s family home life. Sometimes, during divorce proceedings, a hearing may grant temporary custody of a child to one of the parents. This temporary order stabilizes the child during this challenging transition. Parents who get temporary child custody must abide by the court’s order until the case is finalized.

Contents of Temporary Child Custody Agreement

The temporary child custody agreement should include the following:

  • Provisions regarding holidays and special occasions, such as birthdays, can be vital to maintaining continuity in the child’s life, even when spending time with each spouse.
  • It should also include provisions for communication between parents while the child is away from either parent.

Finally, a child custody agreement should include the following information about parenting responsibilities:

  • Which parent will handle certain decisions for the child
  • Who is responsible for day-to-day tasks such as picking up from school or activities and
  • How much contact can each parent have with their child

These details should fit each family’s specific needs and lifestyle. It is also important to remember that temporary custody arrangements can be modified as needed. The agreement should include a clause allowing modifications as the family’s circumstances change. By including this clause, parents will have an easier time making adjustments if necessary.

The temporary child custody agreement should be safe and secure, such as with an attorney or family therapist. Additionally, both parents should have a copy of the agreement in case of a child custody dispute. It is also crucial for both parents to review and sign the agreement before it takes effect so that everyone understands the terms.

Legal Custody And Physical Custody Arrangement

Legal custody refers to the right of a parent or guardian to make an informed decision about:

  • The child’s health
  • The child’s education
  • Religious upbringing
  • Recreation and other essential matters

Physical custody, on the other hand, refers to the right of a parent or guardian to have physical access to the child and make decisions that involve their care, including:

  • Where they live
  • Attend school
  • And other day-to-day decisions

Physical custody is often shared between parents in a joint custody arrangement or granted to one parent in a sole custody arrangement. In either case, the courts must consider the child’s best interests when making these decisions.

Permanent Custody Agreement

After concluding the child custody agreement details, the judge will make a final ruling. This court order is binding, and both parents must follow it.

The Permanent Custody Agreement defines the terms and conditions by which one or both parties agree to a permanent legal arrangement for the shared care of children. This agreement sets out the responsibilities and expectations of both parties. It outlines the decisions they must make together regarding matters related to the custody of their children, such as:

  • Medical and educational decisions
  • Visitation schedules
  • Communication between parents
  • The legal authority of either or both parents in an emergency

The Divorce Process

Filing a divorce and determining temporary child custody can be an emotionally challenging experience. The courts will typically review both parents’ ability for the following:

  • To care for the child
  • Their physical and mental health
  • Work and housing situation
  • Any other factors that may affect the child’s welfare.

If your spouse seeks child custody during a divorce process, you must prepare yourself and be aware of the potential outcomes.

A temporary child custody arrangement can occur before a divorce process is finalized.

After the divorce process is finalized, child custody and visitation arrangements will be determined. It is an essential aspect of any divorce as it affects the life of the child or children.

Regarding divorce, many complex issues must be addressed, including child custody. Working with a lawyer is vital to ensure your interests are protected. A lawyer can help you navigate the complexities of divorce, including understanding and negotiating child custody agreements. With the proper legal guidance, you can obtain a favorable temporary agreement that puts your kid’s well-being first.

Hire An Unbundled Divorce Attorney For Legal Advice On Temporary Custody Arrangement While Your Divorce Is Pending

Going through a divorce is a complex and emotional experience. Still, it can be even more complicated when you lack the understanding to navigate the legal system about a temporary custody arrangement.

Trying to make sense of legal jargon and understanding correct court filings is overwhelming. Without the divorce attorneys’ guidance, you may end up with an unfavorable settlement or temporary child custody agreement.

With an Unbundled divorce attorney, you get legal advice and clarity on the child custody process at every step.

Save your hard-earned money with an Unbundled family law attorney whose fees are lower and much more reasonable than the regular lawyer’s, costing anywhere from $500 to $1500. In contrast, the latter could charge you up to $5000 or more above five times that amount!

Unbundled legal services can provide great value when you require minimal family law lawyer assistance, although they may not be ideal for all cases.

Contact an unbundled divorce lawyer today and get the legal help you need.

Related Blog Posts

Ready to Talk to a Lawyer?

Receive a free consultation with a more affordable lawyer in your local area