Arons & Solomon | June 7, 2022 | Divorce
The divorce process can be difficult. On the one hand, you have to identify all of your assets and debts and divide them up with your former partner. On the other hand, you have to start preparing for your new life. In addition, you must also figure out custody arrangements for your children.
During the divorce process, you can seek a temporary custody arrangement that will determine custody and visitation issues while you and your former partner pending a final custody arrangement.
What is the Difference Between Temporary Child Custody And Permanent Child Custody?
Temporary child custody is exactly what it sounds like; it is a child custody order that resolves custody and visitation arrangements on a temporary basis, such as during the divorce process. Typically, the parents will request a temporary child custody arrangement early in the divorce process.
The final or permanent child custody arrangement is usually made at the end of the divorce case. It is important to remember that the final custody arrangement may be different from the temporary child custody arrangement for multiple reasons. The court may receive additional evidence during litigation regarding the appropriateness of a child custody arrangement.
What Happens If The Parents Agree On A Temporary Child Custody Arrangement?
It is important to try and work with your soon-to-be ex partner regarding a temporary child custody arrangement. If the parents are able to work out a temporary child custody arrangement, they may file a stipulation or agreement with the court. The court will likely approve the stipulated or agreed upon temporary child custody agreement, assuming it’s in the best interest of the child.
If, however, the parents cannot agree on a temporary child custody arrangement, the court will make the decision for you.
How Do You Request Temporary Child Custody?
To request a temporary child custody arrangement during the divorce process, you must file a motion for temporary custody. In your motion for temporary custody, you must make your specific request for a temporary child custody arrangement by proposing dates and times for custody.
To determine the right custody arrangement, the court will want to know about issues such as:
- which parent has provided primary care for the child in the past;
- each parent’s living environment;
- the physical health of the parents and the child; and,
- the mental health of the parents and the child.
You must support your request by showing the court that it fulfills the child’s best interests.
What Are The Possible Temporary Child Custody Arrangements In New Jersey?
After reviewing the best interest issues discussed above, the court will likely enter one of the following temporary child custody arrangements:
- Sole physical child custody – A sole physical child custody arrangement means that one of the parties, the non-custodial parent, receives fewer than two overnights with the child. Usually, a court will make sure that the non-custodial parent receives ample visitation with the child in a sole physical child custody arrangement.
- Shared physical child custody – In a shared physical child custody arrangement, the child spends significant time with each parent but not equal time.
- Joint physical child custody – In a joint physical child custody arrangement, the child spends their time equally with each parent. However, this type of plan is uncommon because it requires a high level of cooperation and coordination between parties that are in the middle of a divorce.
If you need help seeking a temporary custody arrangement, contact a lawyer for help. They will advise you on the process of seeking custody and help you protect your child’s best interests throughout the process.
Contact the Bergen County Family and Divorce Law Firm of Arons & Solomon Divorce Lawyers for more help
Contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.