Temporary Custody Orders: Possession is 9/10ths of the Law
by
Alison C. Briggs on May. 21, 2012
Divorce & Family Law Child Custody Divorce & Family Law Divorce Divorce & Family Law Family Law
Summary: Article reviewing the importance of temporary custody orders
When contemplating divorce, at the forefront of this decision is the question of what are the parent’s rights with respect to child custody prior to the divorce decree. The first legal step in the process of any future custody agreements is generally a temporary order for custody whereby the court orders that one parent is legally responsible for the child.
There are two main reasons for attempting to obtain a temporary child custody order. First it sets the stage for obtaining a permanent order through the divorce petition. This equally applies to situations when parents have never been married but decide to end the relationship. Second, it also allows for criminal charges to be filed against a parent if the parent violates the custody order.
Temporary custody orders provide a stable environment for children as the divorce proceedings move forward and the court order allows a line in the sand to be drawn between who is ultimately responsible for the child’s well being. A Temporary custody order brings stability to the child’s living situation by providing one parent with the ability to make schooling and medical care etc. decisions without having to consult the other parent first. Without a temporary order, things can get messy very quickly because parents both have equal rights and authority over the children throughout the custody process.
Obtaining a temporary custody order is also a good pre-trial strategy because it creates a precedent that the child can stay with and is well taken care of with the parent having temporary custody. This can be used in the subsequent child custody hearing to provide evidence that the child is well adjusted and thrives in his/her current environment.
Although, a temporary child custody order does not necessarily mean that the parent who is granted a temporary order will also get permanent custody, it is one of many strategies in demonstrating to the court that the parent should have custody of the child.