Temporary Legal Custody

When parents enter into the divorce process, one of the factors that are of paramount concern is the care and disposition of the minor children who reside in the household. Often, when parents decide to separate, the legal rights of both parties are thrown into question and it is unclear who bears primary caretaking responsibility for the child. In order to address this issue, most preliminary divorce proceedings will address the issue of child custody. In many cases, the judge who hears the initial divorce motion will also convene a hearing on child custody. In this hearing, preliminary information about the household and the parenting roles and capacity of both spouses will be presented. Based on this information, the judge will grant an order assigning temporary legal custody to one or both of the parents. A basic visitation schedule may also be enacted at this time. Then, after the divorce has been granted, the custody proceedings will continue, resulting in a more permanent decision that will include items such as living arrangements, child support payments, and visitation.

Fast Facts

  • In some states, you may be able to request a change of venue in your custody case without specifying a reason.

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Articles

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  • Temporary Child Custody during a Divorce

    As you are going through a divorce, decisions on child custody orders are a crucial aspect of the divorce case...
    • Site: divorcelawfirms.com
  • Temporary Legal Guardianship

    Guardianship is a person who garners the legal authority, as well as the binding responsibilities, to oversee ...
    • Site: childcustodylawfirms.com
  • Who Gets Custody of the Child(ren)?

    There are many factors involved when making child custody decisions. When determining the home in which to pla...
    • Site: lawfirms.com
    • 12 of 17 user(s) found this useful
  • Enforcing Custody Rights

    When a couple divorces and there are children involved, a temporary custody and visitation schedule will be ha...
    • Site: childcustodylawfirms.com
  • Modification of a Child Custody Order or Agreement

    Why would a parent need to change a custody agreement? As children grow, their needs change.  They may experie...
    • Site: lawfirms.com
    • 16 of 20 user(s) found this useful

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From Around the Web

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  • Temporary Child Custody Agreements

    When parents divorce there are a lot of decisions that need to be made quickly....
    • Site: custodyxchange.com
  • Temporary Child Custody

    Getting an order for temporary child custody before your divorce is finalized can help maintain order if thing...
    • Site: womansdivorce.com
  • Changing / Modifying Custody

    This past week I win in court in a case where the other party had filed a Petition to Modify Custody.  Essenti...
    • Site: lexblog.com
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    I often represent clients who are facing a Final Restraining Order (known as an "FRO) in New Jersey....
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