What Is Temporary Child Custody?

Many times during a divorce, there will be some dispute over how child custody and visitation should be handled before a final agreement is in place. When this is the case, one parent or the other can request the courts to conduct a temporary child custody hearing, and make a parenting-time schedule to be observed by both parents during the divorce process itself.

But when does it make sense to request the courts to make such a decision, how will they reach this decision, and what impact will a temporary custody ruling have on a final child custody agreement? Let’s take a look.

Requesting Temporary Custody during a Union County Divorce

As previously noted, a temporary custody ruling is typically requested when the parents cannot come to a parenting-time arrangement themselves. However, temporary custody hearings are also common when one parent wishes to leave the family home during the divorce process, but does not wish to establish a precedent for their future child custody ruling which may negatively impact their parenting time with their children.

If you are considering leaving the family home during your divorce, or simply wish to clarify the visitation schedule you have with your children during the divorce process itself, speak with your Union County divorce attorney about filing for a temporary child custody hearing.

It is important to note that courts give no favor to the parent who requests the temporary custody ruling, and will decide temporary child custody the same way the decide child custody – on what they believe to be in the best interests of the children.

How Is Temporary Child Custody Decided? Westfield Child Custody Lawyer

When deciding temporary child custody during a divorce, family courts will use the same best interest standards they use when ruling on any child custody matter, be it for a divorce’s child custody agreement, any kind of child custody modification or child custody enforcement dispute, or a parent’s request to relocate with their children after divorce.

This best interest standard will consider things like which parent has traditionally cared for the children, each parent’s ability to continue to care for their children (emotionally and financially), the specific services available to the children in both locations, and more.

Any time you are facing any kind of legal matter regarding your parental rights and future with your children, it is important to retain an experienced child custody lawyer, and temporary custody is no different. While courts will make their decision based on what they believe to be in the best interests of your children (and not necessarily in your best interests), an experienced Westfield child custody lawyer can help you to present arguments and evidence which clearly demonstrates to the courts that your interest in being a parent to your child and their own best interests are closely linked together.

How Will Temporary Custody Affect My Child Custody Agreement? Elizabeth Divorce Attorney

While courts will not consider your temporary custody agreement when making a final child custody ruling, a temporary custody ruling can give you a strong indication of how the courts may rule should it be left to them to decide your divorce’s child custody agreement.

However, there is no rule stating that courts need to be the ones to decide your child custody agreement. In fact, many parents and their divorce attorneys are able to find fair and acceptable terms for their child custody agreement through negotiation.

If a court’s temporary child custody ruling gives you cause for concern, it is important to express this concern to your Elizabeth divorce attorney so that they can work towards negotiating a child custody agreement which more accurately reflects your needs and rights as a parent, and prepare a stronger a case should your child custody agreement need to instead be decided by the family courts.

Contact A Union County Divorce and Child Custody Attorney Today

At The Law Offices of Edward Cooper, we have extensive experience guiding, advising, and representing parents successfully through the entire divorce process in towns across New Jersey and Union County, including Westfield, Elizabeth, Union, Scotch Plains, Plainfield, and Linden.

Whether you are concerned about securing custody of your children during your divorce, your final child custody agreement, or the many issues that can arise during any divorce, Attorney Edward Cooper is ready to provide you with the knowledgeable, effective, and highly attentive legal counsel that you and your family needs and deserves during such difficult times.

To speak with Edward Cooper and our law office today in a confidential consultation regarding your divorce, your child custody agreement, a temporary child custody hearing, or any kind of post-divorce modification or enforcement issue you may be facing, please contact us online, or through our Linden, NJ office at (908) 481-4625.