Can I get temporary child custody until a divorce is finalized?

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Question:

Can I get temporary child custody until a divorce is finalized?

Answer:

When it comes to child custody there are several kinds each with its own set of rules that must be followed exactly. One important type is temporary child custody. Though extremely important its duration is short. Because the court wants what is best for the child, temporary custody may be short while an investigation is performed to determine what is the final best placement of the child.

Usually special circumstances or extra factors come into play with temporary custody. One such special circumstance is when one spouse makes the decision to move out, separation in other words, and who should maintain custody of the children with this decision becomes an important issue. Typically, one of the spouses will get temporary custody while a final determination is decided upon. In many cases the parent with the temporary custody will end up with final custody of the child, but this is not always going to be the case.

Usually temporary custody is going to last for at least 1 month, although the time varies in each case. Quite often where custody is involved as part of a divorce the legal disputations can go on for extremely long periods of time, making the temporary custody last for some time. On the other hand, in most cases where temporary custody is awarded to one parent, the other generally has extensive visiting rights.

Children will adjust to their new lifestyle under the temporary custody conditions, only to find themselves possibly facing a rearranged living situation again when the divorce proceedings finally come to a close. This is one of the reasons that the temporary custody parent is usually given permanent custody when the divorce is finalized. The best for the child, given that divorce is on the table, is for the process to move quickly. This reduces the impact of the process on the child and in the end proves that the child was more important to you than the issues between you and your spouse.

This article is provided for informational purposes only. If you need legal advice or representation,
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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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