Divorce Temporary Custody

Divorce Papers > Divorce Custody > Divorce Temporary Custody

Marriage is sacred bond between two people that is formed on the basis of love and commitment. But, not all marriages work out as they are expected to. There are many issues between couples that lead to the breaking of a marital union. However, termination of marriage has to be carried out according to the rules and regulations of the state laws. This process may take many years, especially if it is a contested case. In such situations, the spouses face differences of opinion over the responsibility of children, upbringing and making decisions about them. Divorce temporary custody is an option to solve these disputes.

As the name suggests, this type of parenting plan remains under enforcement till the legal proceedings are carried out in the court. During a court process, the judge may issue permanent custody orders which are completely different from the previous ones. Sometimes, it may not alter the short time orders.

Procedure for Divorce Temporary Custody

When there is a conflict between the parents regarding child, the court schedules an initial hearing. During such a relief hearing, the court takes into account the basic factors. It solves the issue of guardianship on the basis of the following:

• Motions of the parties - It means the petitions filed by the parties or any specific appeal made for having sole rights over the kids.
• Affidavits of the parties - All the official documents that are submitted by partners regarding their economical status, mental health and identification.
• Arguments of the counsel - The parties are given the right to represent their case before the court. They can appoint lawyers to obtain guardianship orders.

Steps for Obtaining Divorce Temporary Custody

• Each parent should find valid reasons for the court to allocate the child to him/her. For example, the parent must ponder upon the access of the child to school, friends and other activities.
• The parent should justify how he/she would support and care for the child. If the parent is employed, what are the plans for child care?
• The judge generally awards temporary custody to that parent who assists the child to maintain contact and visits the other parent. So, each parent must be prepared with the plan regarding how he/she would foster the relationship of the child with the other parent.
• The parent should visit the court and determine which forms need to be filled. Further, the parent must confirm that he/she provides answers to all the questions.
• Now, the parent must submit the filled form (there might be multiple copies) to the court clerk in the office of the courthouse. The parent may be required to disburse some fees.
• Some parents do not have money to pay the fee. They must enquire with the clerk regarding the process to obtain a waiver for the fees.
• The court clerk stamps the copies and returns one copy to the parent. The parent must retain this for their own records.
• The court clerk plans the date of the hearing.

Advice regarding Hearing of Divorce Temporary Custody Case

After completing a legal procedure for a court case, the partner should chalk out a plan for winning the battle over the other spouse. The most important aspect of the case is a presentation in the court. Following are some tips to make a hearing successful:

• The parent must reach the court a few minutes before the planned time of the hearing.
• He/She must locate the correct courtroom and accost the person who sits adjacent to the bench of the judge.
• The parent must disclose his/her name and case number to this person.
• When the case is called, the spouse must give the identification details to the judge.
• The attitude of the parent towards the judge must be marked by respect and he/she should provide complete answers to the questions of the judge. It is essential to maintain a calm demeanor in the court.
• The parent must direct his/her comments to the judge only and never to the other parent or any other individual.
• The parent must make it a point to disclose any past incidences of domestic violence.

A temporary custody order may be changed into a permanent one. If the guardianship at the time of divorce is found suitable for a child, the court may wish to take it further. Therefore, it is necessary to take this matter seriously if you are planning to have full legal rights over the child after dissolution.

Divorce Papers