Temporary Child Custody

What is temporary child 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.

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Do I need to file for a temporary custody order?

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.

How do I prepare for a temporary custody hearing?

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.

How do I make a temporary custody agreement?

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)
How does temporary custody affect permanent custody?

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
Can I get permanent custody if I don't have temporary custody?

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

Custody X Change is software that makes it easy to document your situation and stay organized.

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Download now to:

  • Create the best schedule for you and your kids.
  • Discover important clauses for your parenting plan.
  • Save money on legal fees and court costs.
  • End misunderstandings with a visual calendar.
  • Document your actual parenting time.
  • Track expenses and journal what happens.
  • Prepare for negotiation, mediation and court.
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Passed with flying colors

I can't thank you enough for the software. The Parenting Plan passed with flying colors in the courts and with my ex. Now the best part is that I am using the deluxe edition to adjust and record my times. Thanks again.

Gabriella Selmi
Granbury, TX


Gave me a clear picture

Without this software, I would have signed the proposed agreement and found out about the problems and conflicts only after it was too late. Custody X Change took the raw data I had stared at for days, and in a few minutes, gave me a crystal clear picture of the resulting schedule. Custody X Change is a must-have resource for parents and attorneys working with visitation issues.

Doug Conway
Fargo, ND


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