Temporary Custody: What to Know

Posted on: 29 October 2018

When parents divorce, child custody can be a major issue. Before the final divorce decree is issued, the parents may disagree on who is to have custody of the child during the divorce. Though the separation period may only be for a few months, this time period holds the potential to be both contentious and more far-reaching than some parents understand. Read on to learn more about temporary child custody orders.

Not So Temporary Custody Arrangements

The problems can start early for parents who have different ideas about who should be the primary custodial parent for a child. While some parents decide easily on temporary custody arrangements, others have the insight to recognize that arrangements made now could greatly affect final decisions. The family court system tends to view issues from the point of view of the best interest of the child, and keeping disruptions to a child's life and schedule as minimal as possible is a key priority. That means that temporary custody plans often become permanent, as long as they are working well and are in the best interest of the child. Think very carefully about temporary arrangements in case they become permanent.

How Temporary Custody Orders Work

When parents disagree on a temporary custody plan (also known as a parenting plan), the judge must decide. Your divorce attorney will request a custody hearing, and this hearing is much like a trial. Each side is able to present their side, testify, bring evidence, question witnesses, and make opening and closing statements. The judge will review the information gleaned from the trial and research the law to make a decision. One parent will be assigned temporary physical custody and the other parent will be subject to a visitation schedule. This order remains in effect until the divorce is final or until a parent requests a change.

Revising Temporary Custody Plans

If the plan is not working out or one parent objects to it, you may be able to change it. If both parents agree and the best interests of the child have been taken into consideration, the judge is likely to approve it. Unfortunately, one parent may not want to change the plan. Since the order is only meant to be temporary, the judge may not allow changes to be made to the temporary plan and may instead order that permanent custody be decided. If a custody trial is ordered, the judge will attempt to decide whether or not the temporary parenting plan should become permanent or whether a different plan will become permanent.

To get more information about contended temporary child custody plans, visit a site like https://familylawyersnewjersey.com.