Temporary Child Custody Orders
When parents part ways, or when one parent’s situation temporarily changes, they might need a temporary custody order. This brings stability by setting a clear schedule and outlining each parent’s responsibilities for a certain time period. Knowing what to expect and maintaining important relationships helps children feel secure during a difficult time. Having a temporary custody order also can reassure a parent that their child will get the care that they need.
When You Might Need a Temporary Custody Order
Temporary orders are common between when a divorce or custody case is filed and when the court makes a final decision. They might also be necessary if a parent faces a short-term challenge, like an illness or work assignment, that prevents them from providing regular care. For example, when a parent is deployed for military service, a temporary order can outline how parenting responsibilities will be allocated until they return.
Creating a Temporary Parenting Agreement
If parents agree on a temporary custody arrangement, it’s important to put it in writing. This agreement should clearly define how long the arrangement will last. It should specify where the child will live and outline each parent's time with the child, including days, times, and locations. The agreement should also address how holidays will be handled, how parents will communicate with each other (phone, text, or email), and who has the authority to make decisions about the child's education, medical care, and other important matters. It should cover transportation arrangements, including who is responsible for transporting the child and where exchanges will take place.
Once the agreement is drafted, parents can ask the court to approve it and turn it into a temporary custody order. The court will review the proposed arrangement to ensure it's in the child's best interests.
How Temporary Orders Work
It's important to understand that temporary orders are just that – temporary. They are meant to provide a framework while the court considers all the factors involved in determining a permanent custody arrangement, or until a parent’s situation resolves.
A temporary custody order usually stays in effect until the court issues a final custody order or until a specific date listed in the temporary order. Including an expiration date ensures everyone knows when the arrangement will be reviewed. If things haven't changed, the court can extend the temporary order. If a parent wants the order extended, they should be prepared to show the court that continuing the current arrangement is still in the child's best interests.
What Courts Consider in Temporary Custody Cases
When deciding on temporary custody orders, courts look at many things related to a child’s best interests. These include each parent's ability to meet the child's needs, the stability of each parent's home, the child's relationship with each parent, and any safety concerns, including any history of domestic violence or substance abuse. The court may also consider the child's preference, depending on the child's age and maturity.
Child Support and Other Responsibilities
Custody may not be the only issue for which parents need a temporary order. Courts may also address child support, health insurance, and other parenting duties in temporary orders. Setting out a plan for these financial and caregiving responsibilities can help avoid confusion and disagreements. Often, temporary orders involving financial obligations like child support build on the temporary custody arrangement that a court orders for the same time period. For example, if a parent suddenly has much more time with the child, they might need to get more child support from the parent who now has less time.
