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What Are Temporary Custody Orders?

If you and your spouse are no longer able to make the marriage work and are now headed for divorce, you might be wondering how the separation will affect the issue of custody in the meantime, given that it takes time before a divorce is officially finalized. If one parent moves out of the family home, will it be far away, and how will custody be shared under such circumstances? These are all valid questions that many divorcing parents have as they begin the process of dissolving their marriage. To address these issues, you and your spouse will have to ask a judge for temporary custody and visitation orders.

The Purpose of Temporary Child Custody Orders

Unlike the child custody order you will have once your divorce is finalized, a temporary child custody order is, as its name suggests, only meant to last until the divorce or child custody proceedings reach a resolution. For divorces involving children, temporary child custody orders are used to provide the children with a stable home environment as the divorce proceedings move along. They can also be used to keep a parent from moving out of state with the children during the divorce, allowing both parties to maintain their rights as parents and preventing one or the other from doing anything that might harm the parent-child relationship.

Establishing Temporary Child Custody

While there are certainly many misconceptions regarding child custody and which parent gets to have the kids, in most cases, such decisions are not automatic. You will be required to file a request to establish custody while your divorce is pending, which can be made in your divorce petition or even after the initial paperwork is filed. A judge will then hold a hearing for your custody request. During this hearing, it is important that you are well prepared. The following could potentially be addressed:

  • Child support
  • Visitation schedules
  • Domestic violence
  • Health insurance coverage
  • Transportation costs

How Will Temporary Custody be Determined?

Several factors are taken into consideration when a judge determined temporary child custody. Ultimately, they seek to do what is in the best interests of the children. Below are some factors a judge will consider:

  • The relationship each parent has with the children
  • The physical and emotional health of each parent
  • The physical and emotional needs of the children
  • The ability of each parent to meet the needs of the children

Can One Lose Temporary Custody?

Generally, temporary custody orders remain in place until the divorce is finalized, but if a judge believes that the situation is not serving the best interests of the children, the order can be altered. A parent could potentially lose temporary custody if there was a major change in circumstances, the needs of the children are not being met, or one parent is preventing the other from exercising their visitation rights. Losing temporary custody will not necessarily mean you cannot regain it in the future, however.

Child Custody Attorneys in Newton

If you and your spouse are going through a divorce and share children, you need to hire a skilled family law attorney as soon as possible to ensure this matter is handled with the compassion and efficacy it deserves. At The Halks Firm, our family law attorneys in Newton are backed by years of experience and knowledge, which we will use to your advantage. Work with our trial-tested team today.

Get started on your case and call our law firm at (781) 995-0107 to request your free initial case evaluation.