Child custody petition getting temporary custody before a divorce is finalized when you file for divorce your biggest concern is likely to be your children you might wonder who they will live with or worry about how often you will see them to put your mind at ease and settle some of these questions the best thing to do is to ask the court to make a temporary custody order.
For the remainder of the divorce proceedings to do this you and your attorney will file a motion and asked that the court order custody to you or jointly between you and your spouse and set a visitation schedule to make a decision about who will get temporary custody and how much visitation time the other parent will get the judge will consider what would.
Be in the best interest of the children there are several factors that will influence the court when it makes this decision some factors might include who was the primary caregiver which is the person who took care of most at the Children’s daytoday needs who has more time to devote to the care of the children who has closer emotional bonds with the children.
And who is remaining in the family home or staying nearby where the children can remain in that familiar and stable environment close to school and social support structures during a divorce both parents regardless of gender standing equal before the court and the judge won’t automatically award temporary custody to the mother in fact in many areas joint custody is the presumption where both parents.
What Is An Emergency Child Custody Temporary Order
Amanda szpakowski: my name is amanda szpakowski. I am the Family Law legal assistant here at the Bornmann Law Group. I specialize in anything family lawrelated; custody, visitation, father’s rights, anything family law. Is what we could put in place called Emergency Temporary Orders. And basically what that is, is if there’s a situation where a parent is not being able to see the minor child, or the minor child is in a dangerous situation that could compromise his safety, we could ask for an Emergency Temporary Orders hearing.