What Is Meant By Having Temporary Custody Of Child

Temporary custody of a child means that a child has been assigned by a court to stay with a parent, relative or possibly another individual the court deems suitable until the parents' business with the court is completed.

Typically in a divorce, the parents are fighting and may not be on speaking terms. However, since the divorce process does not happen overnight and judges do not have time to decide who will make decisions on a child's medical care, after school activities and so forth, the court can make a determination of temporary custody to a parent or relative until the divorce is finalized.

Seeking Temporary Child Custody

Usually, if one is seeking temporary child custody the parent or other party would file a petition with the court handling a divorce, adoption or other proceeding that will affect a child's living situation. The court will then consider the petition and hear from the other parent or both parents in case a relative or someone outside the immediate family is seeking temporary custody.

Once a decision is made, the child is placed with that party until whatever date the court determines that the temporary custody will end. After the end of temporary custody, the court will start making a decision on permanent custody arrangements as well as visitation by the non-custodial parent.

Temporary Custody Petitions from a Relative or Non-Parent

If both parents are unable to care for a child due to death, instability or some other reason that will harm a child's well being a relative or other party may go to court and seek temporary custody in a divorce, adoption or other situation. The child's parents are much more likely to prevail against an outside party.

However, if neither parent can provide a suitable living situation for their child for some reason such as drug addiction, allowing a sexual predator to live in the home, death of both parents, the parents' testimony that they are unable to care for their child, etc. a relative or non-parent may be able to win temporary custody.

Getting Legal Help

A party seeking temporary custody of a child or having to respond to someone's petition for temporary custody should not proceed without the guidance of a local, licensed Family Law attorney. State laws vary and an attorney working in this area has more experience with the legal system and the local family court than a non-attorney.

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