Temporary Child Custody During Divorce

Any divorce settlement agreement that includes children will include a plan for child custody. However, when you are proceeding through a divorce, there is a temporary child custody agreement put into place for this specific time period. 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. However, it is highly recommended that you retain experienced family law counsel to help you protect your legal, financial, and parental rights and futures.

Temporary Child Custody

In the event that there is any type of dispute over how child custody should be handled during the divorce, one parent might file for temporary custody. After this has been filed, the court will proceed by examining the situation and awarding one parent primary child custody. The court will also create a plan for visitation between the children and the noncustodial parent.

How can temporary child custody affect my child custody agreement?

It is important to understand that any court decisions that are made regarding temporary child custody will not directly affect the final child custody agreement. However, it may provide you with some insight into how the court may rule when it comes down to the final child custody agreement. Chances are high that the court may find one parent over the other is better suited for providing for their child and award them with temporary child custody. It is common that they will make a similar conclusion when deciding the final child custody and parenting time agreement. To get ahead of this process, it is important to begin working with a New Jersey child custody lawyer to ensure your parental rights are better taken into account. With the assistance of an experienced attorney, they will help you to demonstrate why your children’s best interest is met through your relationship with them.

Child Custody During Divorce

The first factor your judge will consider when ruling on the issue of temporary custody is that of the child’s best interest. Factors such as the following will be considered when making a decision:

  • Which parent has traditionally acted as the primary caregiver
  • Which parent has a closer personal relationship with the children,
  • The emotional and financial stability of each parent
  • How the emotional and financial stability of each parent affects their ability to provide for their children,
  • Specific needs or interests of the children
  • Which parent is better suited to providing for those needs or interests

Contact our experienced Bergen County firm

At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

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