Temporary Child Custody
Temporary Custody Orders. In situations where the parents of a child cannot agree upon custody of the child, either parent can file a suit for custody. Custody cases can be drawn out and it may take the court a long time to determine what division of custody would be in the best interest of the child. As such, a temporary order defining custody of a child until the issues are ultimately resolved may be . Feb 11, †Ј Temporary child custody, issued through a temporary custody order, is a courtТs decision to award physical custody of a minor child to one parent pending a final determination of custody. Such an order may be issued when the childТs parents separate in anticipation of a divorce, and a determination must be made as to where the child will reside until the custody issue is resolved.
In situations where the parents of a child cannot agree upon custody of the teemporary, either parent can file a suit for custody. Custody cases can be drawn out and it may take the court dhat long time to determine what division of custody would be in the best interest of the child.
As such, a temporary order defining custody of a child until the issues are ultimately resolved may be necessary. If parents are able to come to an agreement regarding temporary custody, they should notify the court in writing of any agreed upon terms, and ask the court to issue an order approving the agreement.
Custody disputes can often turn contentious, and obtaining a temporary custody order can protect either parent should his or her co-parent fail to adhere to the agreement, and can prevent one parent from unjustly relocating the temporar without consent. If you anticipate that you will later have a permanent custody order, it can be more beneficial to come to a temporary agreement promptly to maintain stability for your children rather than arguing issues twice.
If the parents cannot come to an agreement regarding temporary custody, they can petition the court to set forth a temporary custody order. In addition to the interim between when a custody case is what to do with rude people and a final custody order is issued, other scenarios may arise that necessitate a temporary custody order.
Temporary orders may also be issued if one parent is in the military and is unable to exercise his or her right to custody due to deployment. In cases where the health or safety of a child is ordfr danger, an immediate order how to find out how many hits my website gets be necessary to protect the child.
In such cases, a parent or guardian can request that a court issue an emergency temporary custody order allowing them to remove the child from any immediate harm.
In some cases, a parent who has sole custody of a child will recognize his or her current circumstances render what is a temporary custody order or her unable to care for a child, and will draft a temporary custody agreement in which they voluntarily grant temporary custody of the child to another individual.
The parent can then file the agreement with the court, asking the court temoprary issue an order approving the agreement. Make sure to include an expiration date in your temporary agreement, even if you intend to extend the temporary agreement later. Similar to a final custody order, a temporary custody order can define which parent will have physical or legal custody of a child and whether the parents will share joint custody or whether one parent will have sole custody, and can develop a schedule for when each parent will have custody of the child.
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What a Temporary Custody Order Can Dictate
Temporary custody is often determined during a separation or divorce, pending a final agreement. The court will determine temporary custody based on the best interests of the child. Agreements may start as temporary but may become permanent by a court of law. Oct 10, †Ј Temporary orders are usually valid until the court holds another hearing or the spouses arrive at their own settlement through negotiation or mediation. When to Ask for a Temporary Order When one divorcing spouse moves out of the house, you have two options: reach an agreement about how you'll share expenses and about child custody and support, or go to court and . Sep 18, †Ј Temporary Orders in Family Court: The Basics Temporary orders are made by family courts at a hearing when couples separate. In some states, a party can request a temporary order from the family court even before separation papers are .
If you are facing a child custody dispute Ч especially one related to temporary orders such as during the divorce process Ч the court may assign an investigator from FCS Family Court Services to perform what is known as a child custody investigation. Better understanding what this entails can help you better prepare for what is to come Ч and can also help put your mind at greater ease. Child custody investigations are often a function of a contentious divorce in which custody becomes a battleground sometimes for very solid reasons, sometimes because emotions run too high, and sometimes due to something in the middle of these two extremes.
Typically, CCIs are less focused on long-term recommendations and are more concerned with immediate Ч or even urgent Ч issues. As such, CCIs are generally ordered by the court when there is a pressing need for a snapshot of the custody situation that will allow the court to make an informed decision Ч usually for temporary orders such as during the pendency of your divorce. The court is looking for an objective representation of the facts involved, and a CCI can provide that.
Ultimately, your CCI can allow the court a fairly comprehensive snapshot that includes all of the following:. The investigation can include anything that provides the court with a clearer focus regarding your child custody case Ч before it moves forward with hearing extensive arguments and testimony from both sides. When the court needs to make a swift decision related to temporary custody concerns, CCIs can play a critical role. The question of whether you should agree to a CCI is an important question to which there is no simple answer.
Ultimately, the answer depends upon the situation you find yourself in and on what your trusted California family lawyer advises. If the custody concern you face can be resolved by the court reviewing an overview of the situation, a CCI may be the best path forward. If, on the other hand, your custody concern is more deeply rooted and requires a more in-depth evaluation of the psychology at play, a formal forensic psychological evaluation is likely a much better direction to take.
You and your dedicated family lawyer should carefully consider the delay that obtaining a CCI is likely to cause in your case. Family courts are exceptionally busy, and their backlogs tend to run long Ч this is not to mention the budgetary concerns related to additional procedures such as CCIs.
If the custody concern should be resolvable with simple testimony from both sides and a reasonable amount of documentary evidence, a CCI is probably not warranted, and you can avoid the attendant delay. Once your CCI has been completed, the investigator involved will submit a report to the court that incorporates all the relevant information compiled during the course of the investigation. The investigator can also provide the court with live testimony of his or her own that relays the substance of the report and the reasoning behind his or her findings.
If the child custody investigation comes back positive, which means that it aligns with your position on the matter, you can agree to the recommendation therein. Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship.
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