In the majority of cases, it takes a lot of time for a divorce issue to be solved and you might not have that much time. In situations of this kind, you could be thinking about temporary custody. First of all, you will have to know exactly why you want to ask for custody.
Reasons for asking for custody
There are two main reasons for which parents ask for custody rights:
- Offering the child stability during the procedure
- Preventing the other parent from taking the child away
Generally speaking, the parents have the freedom and the right to take their child away unless there is something to stop them. In case you suspect the other parent to have intentions of this kind, you will need to gain custody of the child.
Usually, the parents can get a temporary order during their divorce process. You can make a request in your divorce petition or file a separate petition after filing for divorce. The court has the right to address issues separate from the divorce, such as:
- Support issues
- Visitation rights and schedule
- Domestic violence protection
- Changing the final custody order
- Making decisions regarding the short-term rights of the parents regarding their children
Factors and strategies for temporary custody
There are certain aspects to consider when thinking about a temporary order. The most important aspect that the court will be interested in is the child’s best interest. Although this is a vague term, the court will protect the rights of the child disregarding the needs or preferences of the parents.
Keep in mind not to treat the hearing lightly. This is because the decisions the court adopts as “temporary” solutions can greatly influence the final outcome of the custody hearings. This means that the parent who gets custody of the child, even if only temporarily, will have bigger chances of getting permanent custody.
Losing in court
In case you’re not the parent who gets custody, it becomes more important for you to prepare properly for the final hearing. If you are the one paying child support, you have to do your best to be on time. Showing your support and that you are a responsible parent could make all the difference in the end.
Keep a record of all things pertaining to the case including the visitations you had and the money you spent on the child. However, all this might not be enough to persuade the court to grant you custody. You also have to be able to show the court that you can offer the child a stable environment to grow up in. This will be easier if you have the child with you.
While some people might think that having temporary custody is only a part of their divorce case, they should know that this is supposed to be their goal. For this, you might want to work with a specialized divorce attorney who has extensive experience with custody issues in order to be sure that you do everything right.