Filing for Temporary Custody

As soon as one parent moves out of the house, or the parents separate, they need to think about what they’re going to do about child custody. Usually during this time the parents are in a stage of waiting. They are waiting to see how the separation turns out, or they are waiting for a divorce to finalize. Since the final circumstances are unclear, the parents should come up with a temporary child custody arrangement. They can do this by filing for temporary custody. Here are some suggestions if you are in the situation.

• Filing for temporary custody is similar to filing for child custody. You simply go to the courthouse (or you can look for the right forms online) and fill out some papers. In temporary custody, you will be assigned a court date within a week or two. On that date, the parents will meet with the judge in a meeting and they will work out the temporary custody agreement. The judge will put a date when the agreement ends–usually the day of the final custody hearing.
• To prepare for your temporary custody meeting, you should meet with the other parent and try to work out the custody arrangements you want. You will need to figure out where the children will live and how often they will meet with the other parent.
• Work out a custody and visitation schedule and calendar that you can show the judge. If you and the other parent can figure it out together and both agree on it, things are easier. It really is best if you both can show the judge what you want–then it will just be accepted.
• If you and the other parent are not able to work things out, you should prepare to present what you want for temporary custody. Work out a custody and visitation schedule and include a calendar. Mark out the time each parent has with the children and be prepared to explain why this is the best arrangement for the children.
• Remember that the temporary custody arrangements have a big impact on the permanent child custody arrangements. If the temporary agreement is working for the kids, the courts will usually adopt it as the permanent arrangement. So, don’t accept things for temporary custody that you wouldn’t want to last forever.