Child Custody during Divorce

Child Custody during Divorce

Temporary Child Custody Attorneys in Bergen County, NJ

Temporary Child Custody During a Divorce

One of the principal components of any final divorce settlement agreement will include a plan for child custody and parenting time, however, many parents are confused about how this particular issue is decided during the divorce process itself.

During a divorce, if there is any dispute over how child custody and parenting time should be handled during the divorce itself, one parent or the other may file a motion for what is known as “temporary custody”. When a motion is filed for temporary custody, the court will examine many of the same factors they do when examining the final child custody agreement, and ultimately award one parent or the other primary child custody while also creating a plan for visitation between the children and the noncustodial parent.

While you are within your rights to proceed with your divorce or a temporary custody motion without legal representation, in matters as critical as many divorce issues such as child custody, child support, alimony, and the division of assets can be, it is highly recommended that you retain experienced family law counsel to help you protect your legal, financial, and parental rights and futures.

At The Law Office of Townsend, Tomaio & Newmark, our attorneys have extensive experience successfully helping parents through temporary child custody motions, and ultimately settling their divorce in a fair manner which accurately represents the unique needs and concerns of our clients. Contact our firm to discuss your divorce settlements or a temporary custody motion, and how specifically we can help you in a free and confidential consultation with our attorney team today.

Child Custody During Divorce

Any time a parent wishes to clarify how child custody should be handled during the divorce process, they may file for a temporary custody hearing. Family court judges will consider the issue of temporary custody in much the same way they would when determining a final child custody agreement.

The first and most important factor any judge will consider when ruling on the issue of temporary custody is that of the child’s best interest. Judges will consider factors such as which parent has traditionally acted as the primary caregiver or has a closer personal relationship with the children, the emotional and financial stability of each parent and how they affect their ability to provide for their children, any specific needs or interests the children may have, and which parent is better suited to providing for those needs or interests.

After concluding this “best interest analysis”, the courts will award one parent or the other primary custody of their children during their divorce proceedings. However, they will also create a plan which allows for the noncustodial parent to maintain their relationship with their children.

How can Temporary Custody Affect My Child Custody Agreement?

While any decisions the courts reach regarding temporary custody of your children during your divorce will not affect your final child custody agreement, they can provide you with insight as to how the courts may ultimately rule in this matter.

If the courts find that one parent over the other is better suited to providing for their children, chances are they will make a very similar conclusion when it comes time to decide your final child custody and parenting time agreement.

If you have any reason to disagree with the court’s findings or wish to ensure that your parental rights are better taken into account moving forward, it is critical that you begin working with our Bergen County child custody lawyers as quickly as possible.

We can help you demonstrate to the courts exactly how and why your relationship with your children is directly tied to their best interests, and help you ensure that the courts take this key factor into mind when making their final child custody decisions regarding physical and legal custody, and visitation and parenting time.

Contact Our Hackensack Child Custody Attorneys Today

At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping parents to secure fair child custody and temporary custody agreements. By practicing exclusively family and divorce law, our firm can provide each of our clients with the knowledgeable, effective, and attentive legal counsel that they need and deserve when it comes to matters so critical to their parental, legal, and financial futures. To speak with our attorney team today in a free and confidential consultation regarding your divorce, a temporary custody dispute, or your final child custody and parenting time agreement, contact our firm.

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