Before the court issues the final custody orders during divorce proceedings, children tend to spend time with their parents under a temporary custody arrangement. The parents may agree to temporary arrangements that are different than a “final” goal, just so the children are provided stability while custody decisions are being finalized.
A temporary custody arrangement lasting throughout the divorce process can be established by mutual agreement or court order. When parents can cooperate on how to work out the situation, they may decide on a provisional living arrangement, visitation schedules and other decision-making responsibilities.
When co-parents work out arrangements themselves, it’s still best to have them codified. Courts generally approve such temporary custody agreements as long as they serve the child’s best interests.
When co-parents can’t agree
If parents cannot agree on a temporary arrangement, the court may step in to decide what happens. However, some courts do not hear interim custody issues, instead requiring the parents to figure out the temporary status quo. For a court that will hear a temporary custody case, the judge will prioritize the child’s well-being when issuing any custody-related orders. Some of the factors the judge may consider include:
- Which parent can provide a more stable environment? Maintaining the child’s daily routines, like school and extracurricular activities, is often prioritized.
- Which parent has been the primary caregiver, handling daily responsibilities like meals, homework and medical care?
- What are both parents’ work schedules and availability to spend time with the child?
Ultimately, the court’s directives will be informed by the specifics of your situation. The temporary orders will remain effective until permanent orders are implemented, although they can set the tone for the court’s final decision (particularly if determined by a judge instead of by agreement of the parties).
Seeking legal guidance to navigate this and other custody issues is crucial to protecting your parental rights and other interests during divorce. You may face situations that involve complex laws and significant consequences. Additionally, disputes can escalate without proper management, further complicating the divorce process.
