Are you going through a divorce that is less than amicable? This can be a very tumultuous time for everyone involved, particularly when it comes to child custody arrangements. If you and your soon-to-be former spouse have not yet worked out your custody agreement and you wish to keep your children in your care until an agreement is reached, you have the option to file a temporary custody order. A temporary custody order is used to do the following:
Provides Physical Custody Immediately
Once you have filed a temporary custody order, it will provide you with physical custody of the children immediately. This will show the family court system that you have established that the kids live with you. When you get to the point of working on custody during your divorce proceedings, the fact that you have retained full custody of the children may help you retain your current arrangement, providing you with primary custody.
A temporary custody order can also help you and your former spouse set up a visitation agreement. You have the option to ask for specific arrangements with regard to how and when your children will see their other parent. Your arrangements will have to be approved by the judge. Keep in mind that the judge also has the option to make changes to the visitation if necessary. A temporary order can help determine a visitation agreement until both parents can work on a permanent schedule that works for everyone. In many cases, parents find that arrangements made during a temporary order often work well on a permanent basis.
Prevent Claims of Kidnapping
One very important thing to keep in mind is that you cannot simply take your children and leave the state without some type of custody arrangement in place. Doing so can result in a kidnapping charge filed against you. A temporary custody order can prevent this from happening. The order will spell out what rights you have with regard to travel or moving to another area. If you fail to let your spouse see the children and you have no temporary order, he or she can also say that you are kidnapping the children. While it is drastic, it does happen so you need to be prepared.
Something to keep in mind when filing a temporary custody order is that you will likely not be allowed to file until you have officially filed for divorce. On the plus side, you can file for both temporary custody and divorce simultaneously. Discuss this option with your divorce attorney to ensure you have filed all the proper paperwork to ensure you are filed.