Temporary Child Custody Laws

Temporary child custody is designed to cover that period between separation and the final divorce decree. Without this court order, each parent has equal rights to the children involved. One party applies to the court and the order is usually granted the same day. In reality, temporary custody normally becomes permanent custody following the divorce decree.

How Does Temporary Child Custody Work?

Where divorce is concerned and children are involved, custody is always an issue. The courts will always resolve this issue in the way they feel is most beneficial to the children. Unless otherwise stipulated before the divorce decree, temporary custody will always be awarded to that parent continuing to reside in the family home. This is deemed to be least disruptive to the life of the child in terms of school, friends and general familiarity. In most cases, the mother will thus receive temporary custody with visitation privileges for the father.

Temporary custody is usually requested at the time of filing for divorce. It may be for a period of as little as 30 days or for several months if the divorce proceedings are complicated. At the time of the divorce decree, the judge will also make the decision regarding permanent custody.

Temporary Child Custody Can be Misleading

Parents should exercise caution when obtaining a temporary custody order. If the intention is ultimately for joint custody, any temporary arrangements should be made with that arrangement. In the vast majority of cases, temporary custody becomes permanent custody when the divorce decree is made. This is due to the courts' inclination to provide stability in the child's life. That stability would have been the basis for the temporary order.