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What Is a Temporary Custody Order?

When you’re thinking about getting a divorce, it is important to also consider how your separation will affect custody of your children. Will your children be living with you? Will they live far away from the other parent? Who will be responsible for child support and health insurance for your kids?

If you and your ex-spouse are on decent terms, you can actually enter into an agreement to share custody of the children. However, if you and the other parent can't come to an agreement, you will need to ask a judge for temporary custody and visitation orders.

What Is Temporary Child Custody?

Temporary child custody is not permanent and is only meant to be in effect until the divorce or child custody proceedings have been finalized. Courts will usually order temporary custody to help maintain a stable environment for the child while the parents’ divorce case proceeds. Temporary child custody order can also be used to keep a parent from moving out of state with the child during the course of the divorce. A temporary custody order will help you keep your parental rights and prevent the child’s other parent from doing anything to sabotage your relationship with the child.

How Do I Get a Temporary Custody Order?

Temporary custody is not something that happens automatically. To obtain temporary custody, you will need to file a petition for custody while your divorce is pending. You can make this request in your initial divorce petition or after the paperwork has been filed. A hearing will be held to make a judgment on your request. In addition to custody, the following things might also be addressed at a temporary order hearing:

  • Visitation Schedules
  • Cost of Transportation
  • Child Support Disputes
  • Domestic Violence
  • Health Insurance Coverage

When making their judgment, a judge will consider the following factors to determine what is in the best interest of the child:

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

Temporary custody orders generally stay in place until the divorce proceedings have been completed. However, a judge can change the custody order if it’s not serving the child’s best interests. A major change in a parent’s circumstances can also be grounds for altering a temporary custody order.

Do you need help getting custody of your children? Contact our Bowling Green divorce attorney to schedule your case evaluation today.

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