How Does Temporary Child Custody Work?

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:

  • Age/gender
  • Child’s custody preference (if applicable)
  • Health, welfare, and safety
  • Emotional needs
  • Location
  • Quality of the relationship between parent and child
  • Evidence of abuse
  • Finances

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.

Call (951) 506-6654 or contact us online for a no-obligation case evaluation.

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