What Is A Temporary Child Custody Order?

Temporary child custody orders are most commonly issued when parents have decided to get divorced, but can’t agree on a custody arrangement. Because divorce and custody cases can take a long time to resolve in court, a judge will typically issue a temporary custody order during the proceedings and a final custody order once the case is resolved.
 

What Do Temporary Custody Orders Cover?

Similar to final child custody orders, temporary custody orders define which parent will have physical or legal custody of a child, whether parents will share joint custody, or whether one parent will have sole custody.

Temporary orders may also include a schedule for when each parent will have custody of the child.

Can Temporary Child Custody Orders Be Modified?

Yes, if the circumstances call for a temporary custody order to be modified, the parents can request changes through their attorneys, who will take that request to the court for approval.

Common reasons for changing a temporary custody order include:

• A parent’s financial situation has changed
• One or both parents have new living arrangements
• Work schedule changes and/or conflicts
• Changes in the availability of child care
• Prolonged illness or ongoing health problems

Any one of those reasons might necessitate a change to the current temporary child custody order the court has issued.
 

Do Temporary Orders Impact Final Custody Orders?

The short answer here is, sometimes. While temporary child custody orders typically focus on short-term issues and solutions, most attorneys will caution their clients that these orders can affect final custody orders.

This is one reason why it’s important for each parent to have their own attorney as soon as they’ve begun the divorce process. If either parent doesn’t have an attorney advocating for their custody rights from the beginning, they are less likely to be granted the level of custody they desire in both the temporary and final custody orders.
 

How Do I Request Temporary Custody?

If you are considering getting divorced and are concerned about retaining custody of your children during the divorce proceedings, you should consult with an experienced family law attorney before taking any further action.

At Vonder Haar Law, we’ve helped countless clients negotiate and retain custody of their children during the divorce process. To schedule a free consultation by phone, please contact our office today.