Child Custody Petition: Getting Temporary Custody Before a Divorce Is Finalized

When you file for divorce, your biggest concern is likely to be your children. You might wonder who they will live with, or worry about how often you’ll see them.

To put your mind at ease and settle some of these questions, the best thing to do is to ask the court to make a temporary custody order for the remainder of the divorce proceedings. To do this, you or your attorney will file a motion and ask that the court order custody to you or jointly between you and your spouse and set a visitation schedule.

To make a decision about who will get temporary custody and how much visitation time the other parent will get the judge will consider what would be in the best interests of your children. There are several factors that will influence the court when it makes this decision. Some factors might include:

• Who was the primary caregiver, which is the person who took care of most the children’s day to day needs?
• Who has more time to devote to the care of the children?
• Who has closer emotional bonds with the children?
• Who is remaining in the family home or staying nearby, where the children can remain in a familiar and stable environment close to school and social support structures?

During a divorce, both parents, regardless of gender, stand equal before the court; the judge won’t automatically award temporary custody to the mother. In fact, in many areas joint custody is the presumption where both parents are fit to care for the children, which means that the parents share custody.

Asking for temporary orders protects you and your children, and starts you and your children on the road to stability during a very unsure time. It also provides a framework within which you and your spouse can cooperate until a final plan is put into place.

Case Studies: Temporary Child Custody Before Finalizing a Divorce

Case Study 1: Joint Custody Grant

Mr. and Mrs. Johnson decided to file for divorce after several years of marital issues. They were both dedicated parents and wanted to ensure their children’s well-being throughout the process.

Understanding the importance of temporary custody, they filed a motion requesting joint custody during the divorce proceedings.

The court considered their commitment to their children’s best interests and granted the temporary custody jointly, allowing both parents to have equal parenting time.

Case Study 2: Sole Custody Award

Ms. Garcia, a mother of two, sought temporary custody before finalizing her divorce. She had concerns about her husband’s ability to provide a stable environment for their children due to ongoing substance abuse issues.

Her attorney presented evidence of her husband’s struggles and requested sole custody to ensure the children’s safety and well-being. The court carefully considered the evidence and awarded temporary sole custody to Ms. Garcia, granting visitation rights to the father under supervised conditions.

Case Study 3: Shared Custody Arrangement

Mr. and Mrs. Smith approached their divorce with a commitment to co-parenting and ensuring their children’s happiness. Recognizing the importance of temporary custody arrangements, they filed a motion requesting shared custody during the divorce proceedings.

Both parents were actively involved in their children’s lives and were deemed fit to provide a nurturing environment. The court approved their request, ordering a shared custody arrangement that allowed the children to spend equal time with both parents.