What Is Temporary Child Custody?

For many separating parents it is tough to immediately decide on child custody. The main purpose of custody after a divorce is finding the outcome that will benefit the best interests of the child. Temporary and permanent custody orders not just resemble each other, but also serve diverse functions during a divorce. During a divorce, it becomes the responsibility of the child's parents to understand the difference between these two types of custody to ensure the best outcome for them as well as their child.

When parents were not able to make a final decision regarding their child's custody, they choose temporary child custom as the best option. The temporary child custody is arranged by them from the family court. This type of custody is the decision of the court to award the child physical custody to one parent until the final child custody decision. Getting temporary child custody increases the further chances of getting permanent custody, to increase such chances,  a child custody attorney is hired by many parents. Hiring a lawyer helps to know the rules and rights of custody and make the process smooth.

Legal Decision:-

When neither parent of the child is capable of taking care of the child properly, at such time the temporary guardianship or custody is awarded to the family members, like a grandparent, godparent, or any close relative or a close friend. Granting this custody is the legal decision of the court to award the custody to an adult who may or may not be the legal parent of the child or children. While awarding the custody “The best interest of the child” always remains at the top priority.

Length of Temporary Child Custody:-

In California, a temporary child guardianship or custody can last up to 6 months. A temporary custody order can also last indefinitely until the minor child turns 18 or new custody order is issued by the court. The one who gets the temporary child custody can enjoy the rights of managing the affairs until the end of the period. Generally, the time period for such type of custody is 60 days but the duration can also vary as per the situation. In divorce or separation cases that turn into long court battles, this type of child custody can be valid for months or even years.

Child Preference:-

While awarding temporary child custody, the preference of the child is also given proper importance by the court. Depending on the age as well as the maturity level of the child or children, a court may also consider the preference of the child. However, this is done under reasonable circumstances.

Determination of Visitation Rights:-

In temporary child custody, when one parent is given custody of the child, the visitation rights are granted to the other parent by the court. Many times due to exceptional circumstances, the parent who has not been awarded this type of custody, is not even awarded the visitation rights. The reasons behind this include the history of child abuse, violence or drug addiction, etc.

Hiring an Attorney:-

It is suggested by the experts to hire a child custody attorney for the proceedings of temporary guardianship or custody. An experienced attorney helps to take over the child custody from someone for a temporary period. They also help their clients with a lot of documents and paperwork involved in temporary custody and its process.

Temporary child custody also has a great impact on the final resolution of a child custody case, so it is better to have an experienced attorney by your side to be sure about everything and properly file for the temporary child custody request.

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