In California, a couple must wait at least 6 months before a divorce is
finalized. During this time, child custody may be an issue. What happens
if the parents of a child cannot decide on a custody arrangement amicably?
Temporary child custody may be the answer.
Temporary Child Custody
A temporary child custody order can be established as part of a divorce
petition or a separate court order. The order gives a child somewhere
to live before a final custody decision is made. The first step in obtaining
temporary child custody is to file a request. In court, a judge will make
a decision based on the best interests of the child. Factors that will
impact this decision may include:
- Child’s custody preference (if applicable)
- Health, welfare and safety
- Emotional needs
- Quality of the relationship between parent and child
- Evidence of abuse
Once these factors (and others) are taken into consideration and a court-ordered
investigation is conducted, a judge will make a temporary custody decision.
To be clear,
this is not an award of custody, but rather a short-term arrangement. A party seeking temporary child
support may also use an ex parte motion, if it is an emergency situation
where a child is at risk or the other parent is planning to leave the
state or country to avoid jurisdiction.
While temporary custody agreements are
temporary, they are crucial because they often have a significant impact on your
permanent custody agreement. If you are currently embroiled in a child
custody dispute, you need to immediately contact our
Temecula family lawyers at Hanson, Gorian, Bradford & Hanich. Without legal guidance, you
may have difficulty obtaining the case outcome you desire. Reach out today
to learn how we can help.
(951) 506-6654 or
contact us online
for a no-obligation case evaluation.