If you have kids and are going through a divorce, you and your ex will have to tackle short-term visitation and child custody arrangements.
The divorce can be lengthy, complicated, and stressful. Still, you as parents have the responsibility to foster a stable environment for your children as you go through this feat. Along with this task is ensuring that you and your former spouse set clear expectations from each other.
While you meet with your divorce lawyer to talk about your divorce terms and negotiate the details of the official visitation and child custody arrangement in the family court, having a short-term custody plan ensures that you can address immediate concerns concerning your children.
In today’s post, we’ll look into having a temporary child custody arrangement and making sure that it is fair to you and your kids. We’ll also talk about how to file the petition for a temporary order and when it is best to do so.
The Importance of a Temporary Child Custody Petition
One of the essential items you will settle during the divorce process is child custody terms. However, while you and your former spouse negotiate the terms of your official separation, you need to have a temporary custody agreement in place.
A short-term custody order helps establish guidelines between the divorcing couple and what expectations they can have from each other.
It can set what responsibilities they have concerning the children as they go through a divorce.
It also offers the children the opportunity to have stability and structure, which are essential for a growing child. Think of it as implanting a parenting plan in the interim.
If you don’t get a temporary custody order, you and your former spouse may need to revisit the existing arrangement around your daily schedules regularly.
For instance, you’ll need to determine who will have the kids on weekends or certain holidays, who will go up from school, pay for what expenses.
Set Important Temporary Child Custody and Visitation Guidelines
With a temporary child custody order, you can set a guideline on what happens in those instances based on what you and your former spouse will have agreed upon – prior to starting the divorce process.
You can also predetermine visitation schedules as you discuss your temporary custody arrangements. If, for instance, you are the primary caretaker of the kids, it’s possible for you to get the primary custody.
Your former spouse will then get a visitation schedule where they can visit the children, take them on certain weekends, or take them on a trip or something like that. The specifics of the agreement will depend on your family’s needs, goals, and circumstances.
Establishing a Temporary Custody Order
To create this order, you’ll need to start with filing a petition through the family court. You will have to demonstrate the need for this temporary arrangement.
You and your former spouse can work together to file this petition. You can also opt to seek help from a professional, either a divorce lawyer or a mediator.
These legal professionals can help you, and your ex comes up with a short-term arrangement before the court sets an official custody and visitation order in the divorce ruling.
It’s best to file the temporary custody petition as early as you can. This allows you to benefit from the order for the duration of the divorce proceeding.
Nevertheless, if you and your ex can agree to an arrangement that works best for the both of you, then you don’t have to file for a temporary order.
Without any disputes and you have it in good faith that neither you or your ex is going to break the child custody rules you set upon yourselves, you may choose not to file for temporary custody.
Do You Need Child Custody Assistance?
If you have any concerns about child custody or visitation arrangements, our law office is ready to help. We have professional experience in handling complex divorce cases. Please reach out to us to discuss your case.