Temporary Child Custody

One of the hardest issues to resolve in divorce proceedings is the one that concerns child custody. Added to this are several side issues that must be resolved to satisfy the needs of both parents and that of the child (or children).

Usually, the courts try to resolve this on a temporary basis for the peace of mind of all parties concerned. At the beginning of divorce hearings, it is common to have temporary child custody agreements or temporary child custody court orders.

High costs

For those in the know, the advice is for divorcing parents to agree right away on the number one issue of child custody. The main reason is to simply avoid the high costs in court suits and protracted litigation.

Parents should do well to negotiate a fair parenting agreement that should reflect the overall best interest of their child (or children). This can be done out of court or through alternative dispute resolution service such as a mediator.

Temporary custody

If there is no agreement between the parents, a temporary child custody schedule may be ordered by a judge. In some counties, judges rely on the opinion of the mediator.

Sometimes, a child custody evaluator reports to the judge his findings, which sometimes include an interview with the child. Because of the length of divorce and child custody proceedings, this temporary child custody is arranged and decided first.

At the temporary child custody hearing, either parent can present their concerns with the schedule and the reasons why it should be changed. Likewise, he or she should convince the judge that the change is better for the child.

Child’s interest

As always, the child’s best interest is the starting guideline or standard in all child custody determinations. There are many factors to consider, and state child custody laws are not the same on all states.

One issue is that parents will have to be educated on the difference between physical custody and legal custody. They will have to understand as well the implications of “temporary child custody” agreements or orders.

Temporary and permanent custody

A temporary custody agreement often becomes permanent. It costs tens of thousands of dollars. Moreover, it can last several months to over a year of being tied up in court if it shall be modified caused by objections from either parent.

For a parent, it is wise to be fully satisfied to a temporary child custody agreement in the first place. The reason is that there is a good chance for it to become permanent. Modifying this into a new one, even for a very minor issue will mean heavy costs on both parties.

Costs

Experts, judges, and child psychologists often advise parents to settle their child custody agreements out of the courts. The protracted dispute which can take up several months and even years can be very hard on the child.

Moreover, this will save them thousands of dollars in attorney’s fees and other incidental costs. The more worrisome costs would be those emotional scars hidden in all parties concerned – both the parents and the children. Child custody should strive to be fair and satisfactory to all of them.