Finding Creative Solutions To Your Legal Challenges

How can temporary child custody work for you?

On Behalf of | Aug 14, 2022 | Family Law |

Courts decide on temporary child custody during a separation or divorce before they reach a final agreement. Courts think about the best interests of the child when making a decision. Parents must request temporary custody during separation or divorce in New Jersey. There are several reasons why a parent would ask someone else to have temporary custody of their children.

Reasons for temporary child custody arrangements

Under family law, separation or divorce is a common reason for temporary custody orders. Parents can agree to them while waiting for a final agreement. Courts can issue temporary custody orders during domestic violence to protect the children. A parent has to prove the immediate and present danger of abuse to the court in New Jersey. Parents with unusual work schedules or travel commitments may need a temporary custody order. A hospitalized or sick parent may need a temporary custody order. Parents with a lack of resources to care for their children may ask someone to be a temporary guardian of their children.

Choosing a custodian

Anyone can be a temporary custodian, but the person should be able to provide constant care and support for the children. Many family law courts will grant permanent custody to the parent who has temporary guardianship during a divorce. The temporary custodian usually becomes permanent to avoid adding stress to a child’s life. Parents select close custodians such as family members, godparents, friends and grandparents.

Drafting an agreement

Parents can decide to execute a temporary child custody agreement to grant temporary child custody. Temporary child custody agreements should include specifics of the parent’s visitation rights and the child’s living arrangements. The specifics should include the custody start and end date and financial arrangements.

Judges will usually give the parent without temporary custody generous visitation rights, though they may deny visitation under certain circumstances, such as drug abuse or violence. Courts will support a child in having a relationship with both parents as long it’s in the child’s best interest.