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Custody of the Child When Divorce Is Pending

One critical aspect of any divorce is deciding how to handle temporary child custody while the divorce proceedings move along. Where will your children live, who will cover their expenses, how and when will the other parent get to see them? All are questions that need to be answered and preferably in a way that disturbs your children’s routine as little as possible. When determining temporary child custody, you and your divorce attorney from San Antonio, Texas need to consider the following.

The Purpose

Temporary child custody is exactly what it sounds like: An arrangement that addresses the immediate need for possession, stability, care, financial responsibility, governing rules and the safety of your children while the divorce proceeds. It’s only meant to be temporary until the divorce is final and a more permanent child custody arrangement can be put into place. It also can be preemptive. For example, your uncontested divorce attorney may file for child custody during the divorce proceedings if your spouse is threatening to take your children away from you. A child custody order establishes parental rights and restricts either party from doing anything with the children that might deprive the other party of their custody rights.

The Process

In just about every case, temporary custody is not automatically granted, at least as it pertains to the legality of the custody. A request by a contested or uncontested divorce lawyer has to be filed with the court. A judge will hold a hearing and determine the validity of your claims versus the well-being of the children. Depending on the circumstances, an aggressive divorce attorney can help a judge determine child support, visitation, insurance coverage and transportation costs. Also considered are your record with your spouse and any history of domestic issues.

The Thought Process

First and foremost, any temporary custody decisions will factor in what the court determines is in the best interest of the child. Your relationship (and your spouse’s), as well as you and your spouse’s physical and emotional health, will play a role. The child’s needs, as well as each spouse’s ability to meet those needs, will factor in as well.

The Permanency

If an initial temporary custody order is not working, a judge might reconsider the arrangement and alter it if there seems to be a reasonable modification. If, for example, a child’s best interest and safety are called into question, with evidence, a temporary custody order can be altered to put the child in what the court decides is a more stable, wholesome, and safe environment for that child. A temporary custody order will also play a role in determining permanent custody arrangements, so you should take every opportunity to spend time with your child and stay current on any child support. Keep records of visits, the extra money you spend, and your activities so you can show the court you’re acting in the best interest of the child.

Temporary custody of children during a divorce is based on what the court determines is in their best interest. An aggressive divorce lawyer can help set that stage. It’s not permanent but can play a role in establishing permanent custody, so you need to make sure you coordinate a strategy with your divorce attorney before agreeing to any custody arrangements.

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