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Temporary Child Custody

How to Get Temporary Child Custody


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Temporary custody is often determined during a separation or divorce, pending a final agreement. The court will determine temporary custody based on the best interests of the child. Agreements may start as temporary, but may become permanent by a court of law. There are several other reasons why a parent would grant another person temporary custody of his or her child. Here is some more information about temporary custody proceedings:

Reasons Why a Parent Would Consider a Temporary Custody Arrangement

There are several reasons why a parent would consider giving temporary custody to another person or couple. Reasons for temporary guardianship include:

  • Divorce or separation - Parents agree to a temporary custody arrangement while waiting for a final child custody order to be issued.

  • Lack of financial resources - A parent who can not afford to care for his or her children may grant temporary guardianship to a trusted relative.

  • Competing responsibilities - A parent with an unusual work schedule, who has work-related travel commitments, or who has exceptional educational responsibilities, may ask a relative or friend to care for his or her children temporarily.

  • Domestic violence - If the child is threatened with abuse, the court may order a temporary custody arrangement in order to protect the child.

  • Illness or hospitalization - A parent who is temporarily incapacitated may ask a friend or relative to care for his or her children for a short time.

Granting Temporary Custody

Parents may consider the following people as appropriate temporary custodians of their children:

  • Grandparents
  • Godparents
  • Extended family members
  • Friends

Temporary Custody Agreements

Parents may choose to execute a temporary child custody agreement if they decide to grant temporary child custody to another person. A temporary child custody agreement should contain the following:

  • Time period (when the agreement starts and ends)
  • Specifics of where the child will reside
  • Specifics concerning the other parent's right to visitation

Temporary Custody and Visitation Rights

Typically, a parent who not granted temporary custody is usually afforded generous visitation rights. A court will typically award visitation rights unless there are extenuating circumstances. The court takes the position that maintaining a relationship with both parents serves the child's best interests.

For more information about temporary custody, review additional resources about child custody or speak with a qualified attorney in your state.

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