During the period when the couple begins to live apart, and the divorce is granted, the parents need to work out an arrangement where both parents have access to the children.
In many situations, the parents are able to agree on spending time with the kids, and this is most likely in separations that are mutually agreeable and where the level of conflict is low between the couple.
On the other hand, in situations where there is a higher likelihood of conflict, or when there may be concerns about one or both spouse’s ability to parent, it is possible for either parent to make a request for the court to provide a temporary custody order.
This custody order is granted based on several factors. The court will consider the best interests of the child based on his or her age, the wishes of the child, as well as the wishes of the parent. Other factors, such as the relationship with other children in the family, if the child is in school or involved in other activities, as well as the ability of the parent to continue to support the child’s relationship with the other parent, will also be considered.
Specific issues, such as a past history of domestic violence or current abuse, threats by the parent or parents, as well as any physical or mental health issues present with the parents and child or children also play a factor in the decision.
Grandparents in Temporary Custody Issues
When the parent with temporary custody cannot care for the children due to work, travel requirements, or health issues, he or she may grant temporary guardianship to a family member or close friend. Often grandparents are the ones granted the temporary guardianship, allowing them to make specific types of decisions with regards to the children’s health and well-being.
In cases where one or both of the parents are not able to care for children, the court may award temporary custody to the grandparents. These types of custody orders are similar to those that are in place for divorcing couples and include information about the type of visitation, the time, and the location for each parent to have access to the children during the period the temporary custody order is in place.
It is important to keep in mind that temporary orders can become permanent orders, impacting the long-term custody arrangements for the children. Parents should be sure to talk to an attorney before granting guardianship or requesting a temporary custody order.
If you are going through child custody case contact with Keller Legal Service, they can help you in your custody case and protect your best interest.