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Establishing Temporary Child Custody During a Divorce

How to Establish Temporary Child Custody During a DivorceChild custody battles often drag on for lengthy periods and can become heated. Because of that, many parents worry how to keep their children safe, protected, and in a semblance of a normal routine.

Pending the final determination of a court, temporary child custody awards physical custody of a minor to a parent or legal guardian. During a temporary custody order, the court awards a guardian sole physical custody of a minor child until the court can reach a final verdict.

The Ins and Outs of Temporary Child Custody

In most custody cases, there are two main players. The parent or guardian filing action, known as the petitioner, and the respondent.

During the temporary child custody process, the petitioner outlines the reasons he or she deserves custody. The parent or guardian who receives the filing is the respondent. Depending on the details of the divorce, a court-appointed lawyer may represent the child or minor as a third player in the arrangement.

In most cases, the custodial parent gets temporary custody. The non-custodial parent is usually granted visitation rights and required to pay temporary child support. Each case is unique and with different visitation rights come varying levels of payment to the custodial parent. The more often visits occur, the lower the amount paid. The opposite is also true for more infrequent visits.

Temporary Custody Can Become Permanent

In some cases, a temporary custody order can become permanent. As a general rule, the concern of the courts is a child’s stability and wellbeing.

That said, an attending judge will do anything in his or her power to ensure the child’s life remains as stable as possible. Because the custody process can be lengthy, parents, guardians, and legal professionals tend to focus on activities that provide a semblance of normalcy for the child, including school, friends, and extracurriculars. Judges are often apprehensive to uproot a child or minor from a home environment unless there is a health or safety concern.

Given that the petitioner is likely to maintain custody in lengthy cases, it is important for the respondent to understand what is at risk and what the terms of temporary custody agreement are.

Coral Gables Lawyers Are Here To Help

At Estevez-Pazos Law Firm, we have the experience and knowledge needed to help guide you through filing for child custody. We know how important your children are and we are here to protect the future of your family. From the first piece of paperwork through the final moments, let us fight for you. Call our Miami office anytime at (305) 717-7130 for a free case evaluation.

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The Estevez-Pazos Law Firm, P.A.

135 San Lorenzo Avenue, Suite 650
Coral Gables, Florida 33146
Fax: 305-234-7028
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