How to win temporary child custody? Before finalizing a divorce or separation agreement, it is essential to consider temporary custody if you have any children. The court of your state will then make the most suitable decision for your child’s best interests when deciding on their temporary custodial arrangement.
Notably, a short-term custody agreement may begin as only temporary but can become permanent when you go to court for the completion of your divorce proceedings.
Keep on reading to learn how to win temporary child custody.
What Are the Reasons for A Temporary Child Custody Agreement?
Before learning about how to win temporary child custody, check out reasons of a temporary child custody. There may come a time where you are required to assign temporary custody of your child to someone else, such as another family. This type of agreement can occur for many reasons, including but not limited to:
1. Separation or Divorce: If you are getting a divorce or separating, many times a temporary child custody agreement is in place until the order for final child custody can be issued by the court.
2. Lack of Money: In some cases, neither parent can afford to care for the child so they may decide to grant temporary custody to a trusted friend and/or relative.
3. Responsibilities that Compete: It may be that you have an unusual work or school schedule or have work-travel commitments.
4. Domestic Violence: If your child is threatened with abuse, the court could order a temporary custody agreement to protect your child.
5. Hospitalization or Illness: If you are incapacitated on a temporary basis due to illness and/or hospitalization, you may ask a relative to care for your child.
If there is no custody order in place can I take my child? Whether you are a married or unmarried parent, your baby isn’t born with custody rules in place. In fact, you and the other parent have equal rights when it comes to caring for your child. You can find out the answer in this article.
Who Can Be a Custodian for Temporary Child Custody?
In theory, almost anyone can be a temporary guardian for your child including:
- Godparents
- Grandparents
- Friends
- Extended family members.
What Should Be Included in a Temporary Child Custody Agreement?
Your temporary child custody agreement should include:
1. The time period of the agreement that includes when it starts and when it ends
2. Where your child will live
3. Very specific details about the parent’s right to visitation
4. Financial arrangements – if necessary
Also, it should be noted that temporary custody orders will remain valid while your divorce is pending and a permanent child custody order may be included in your final divorce order.
In the next part, we will discuss about how to win temporary child custody.
How To Win Temporary Child Custody at the Hearing
In order to ensure success at your upcoming temporary child custody hearing, there are several key steps you should take in collaboration with your attorney. Winning temporary child custody requires:
- Write out a detailed history of your relationship while married. This should include dates and facts that support your case.
- Pick out pictures, videos, and other visual aids that you and/or your attorney will present to the court.
- List the reasons why you believe you are the best choice to have temporary custody of your child and include specific dates and facts.
- Write down specifically why your spouse should not have temporary custody of your child. Again, include facts and dates.
- List the names, addresses, and contact information for any potential witnesses you may need to help you win your temporary child custody case.
- Write out a summary of what any witnesses could testify to and if you may have to subpoena them.
- Assemble all of your financial information to show you have the means to care for the child.
- Have your attorney review your plan and all the evidence. Make any recommended changes.
- Create a plan as to how you plan to support your child while your divorce is pending.
If you have a question about can a parent take a child out of state with joint custody, you can see the answer in HERE.
Appearances are Important at Your Temporary Child Custody Hearing
As you may know, when appearing in court, it is important to make a good impression on the jury or judge. If your goal is receiving temporary custody of your child(ren), then knowing what to wear for the hearing can be critical. Women should choose dark-colored clothing and subtle makeup; try not to overdo jewelry as well. Men should opt for a conservative suit with shirt and tie combo – this will add an extra touch of professionalism that works in your favor!
Dress code is considered an important factor when it comes to how to win temporary child custody. Moreover, forgo alcohol or any substance that may interfere with your nervous system before heading to court. The judge, lawyers, and jurors will be closely monitoring your behavior in the courtroom as well as outside of it – so remain kind and polite while answering questions truthfully without making jokes.
What Issues Are Addressed in a Temporary Child Custody Hearing?
Every divorce or separation case has different issues and the same is true for temporary child custody hearings. In general, a temporary child custody hearing will include:
- Child support
- Spousal support
- Possession and/or sale of your marital home
- Visitation
- Any other important issues relating to your unique situation.
And if you want to know about grounds for full custody of child, to answer some of your questions and educate you, below is an outline of the grounds for obtaining complete custody, let’s check this article.
Can I Lose Temporary Custody?
More often than not, a temporary child custody order will remain in effect until the end of your divorce proceedings. However, it’s possible for a judge to alter the terms of that agreement if they deem it is no longer benefitting the best interests of your children. Therefore, you must ensure all necessary steps are taken to guarantee their safety and well-being throughout this process or risk losing parental rights permanently.
Dramatic and meaningful alterations in your situation, such as when the other parent of your child is blocking visitation rights, can lead to losing temporary custody. Fortunately, it’s possible to reclaim them if this happens. Check out again how to win temporary child custody tactics to enhance your case.
FAQs
What should I avoid eating and drinking before a custody hearing?
It’s best to avoid drinking or eating anything that may make you seem unprofessional during your hearing. Alcohol, caffeine, and sugary foods can all have an adverse effect on how you present yourself in court so it’s best to stick with healthy snacks and water before the hearing.
How do I prepare for a temporary custody hearing?
You should work closely with your attorney to ensure all of the necessary steps are taken prior to attending your hearing. This includes assembling evidence, writing out a detailed history of your relationship while married, preparing visuals such as pictures or videos to show the court, listing reasons why you believe you are the best choice for temporary custody, and more.
You should also be sure to dress professionally for your appearance and remain respectful and courteous throughout the entire process.
What happens if I lose temporary custody?
If you have lost temporary custody, then it is possible to regain them in certain situations. If the judge discovers that the other parent has been blocking visitation rights or engaging in behavior detrimental to the child’s best interests, then they may be forced to reconsider their decision.
It’s also a good idea to speak with your attorney about how you can make a strong case for why you should receive temporary custody once again. This could include providing evidence of any changes in circumstances or how well you have managed as a custodial parent so far.
Additionally, if necessary, an expert witness can provide testimony on how granting you temporary custody would benefit the child.
Conclusion
When it comes to how to win temporary child custody, the answer is: it depends largely on you. The more prepared you are before attending the temporary child custody hearing, the better. If you follow the steps outlined in this article, you may increase your odds of winning temporary custody of your child.
Ultimately, the court will decide on permanent child custody and, when awarding temporary child custody, the court will look at the same things they do if it was for permanent child custody: your child’s health, safety, stability, and well-being.
Remember, the court will always do what they believe is in the best interest of your child, and it’s up to you to take the steps necessary to prove to the court that you are the best parent for the job.
