Temporary Child Custody
How to file for, prepare for, and reach a temporary custody agreement. Help to get started on the right foot for eventual permanent custody.
Temporary child custody is when a parent is given custody of the children for a short time until you make a permanent custody agreement.
You can pay an attorney to write up a custody plan or you can create your own with Custody X Change software.
Custody X Change is software that creates custody agreements and you can use it to make a temporary custody agreement and later, a permanent one.
Maybe. When you and your child's other parent first separate you can work together to make a temporary custody agreement, or you can go to court and file for a temporary custody order.
If you are able to agree on the temporary custody situation, you can use that until you decide on permanent arrangements.
You should file for a temporary custody order if you want legal backing to your arrangements. So, if you don't trust the other parent or you're worried about kidnapping, you should go before a judge.
To prepare for a temporary custody hearing you need to make a temporary custody agreement that shows what you want for your temporary custody arrangements.
For the hearing, you and the other parent will meet before a judge. You may meet in a courtroom or in the judge's quarters. You may be able to present your temporary custody agreement to the judge, or you may have to submit a written plan.
You should prepare a written custody plan that shows when your child will be with each parent and tells how you and the other parent will divide and share other parental responsibilities. You should also be prepared to quickly summarize your plan and why it's the best plan for your child.
Custody hearings are usually brief, around 20-30 minutes. Since you won't have much time, you need to be prepared to explain your custody proposal in a few minutes.
Your temporary custody agreement should contain information about how you will parent the children for the next 30-90 days (until you will have a permanent plan in place).
Your temporary plan should have:
- A schedule that shows when your child will be with each parent
- Information about how you and the other parent will make any decisions for your child
- Information about how you and the other parent will continue to care for your child
- Information about finances (if you want temporary child support, you will need to file separate papers at court)
Often, the temporary custody arrangements turn into the permanent custody arrangements. This means that you want to give your input into the temporary plans, and if possible work to have them the way you want.
It is important to track your temporary custody plan so that you can make improvements to your situation for the permanent plan.
You should track the actual parenting time that each parent has, and you should take notes about what is working and what isn't. Then, when it comes time to make your permanent custody schedule or agreement you will be prepared and know what you want.
Custody X Change has an actual-time tracking and journaling feature that lets you track actual parenting time, compare actual parenting time to scheduled time, write notes about what happens, and print reports that show the actual time.
You can use Custody X Change to:
- Make your temporary custody agreement
- Monitor and track your agreement to see how well it works
- Make changes to your agreement
- Prepare a final agreement with everything you want
Yes, but it may be difficult. The courts like the children to have stability, so if a parent has had temporary custody for a few months, they can show that the child is in a good, stable environment and it can be hard for the other parent to get custody.
You will either need to discuss the issue and create a new parenting plan with the other parent, or you will need to convince the court that it would be better for the child to live with you.
To help get custody, or even to get more time with your children, you should keep a custody journal and track your parenting time during the temporary custody period.
Tracking your actual parenting time lets you show the court how often you really have the children. If you have them a lot more than scheduled, it can be good evidence that you should have custody. If you have them less than scheduled, you can show the court that the other parent isn't cooperating and you can be awarded more time with the children.
Custody X Change has an actual-time tracking and journaling feature that lets you:
- Enter in the actual parenting time and compare it to the scheduled parenting time
- Print a report that shows the difference between scheduled and actual parenting time
- Keep a custody journal and write notes about what happens during parenting time
- Print your parenting time journal
- Keep all of your tracking information in one place
- Use the documents from the software to create a permanent custody plan
- Use the documents from the software to show why your temporary custody plan needs to change