If your divorce is pending then you may need to request a temporary order of custody. As the name implies, this is a short-term custody agreement that is in place until a permanent judgment is issued at the end of the case. At Law Offices of Torrence L. Howell, we’ve been through many custody battles and have come up with seven things you should know right away.
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Get an order as quickly as possible
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Keep your eye on your child’s best interest
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Be careful of taking extreme positions
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Stick to the orders
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Do your best not to separate siblings
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Always be 100% truthful
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A situation involving domestic violence requires different actions
If you have any reason to believe that the father of your children will try to take the children and not bring them back, then you need a custody order as soon as possible. It’s much easier for him to play games with parenting issues if there hasn’t yet been a custody agreement reached.
Divorce is complicated. It can be painful. It’s easy to lose sight of the most important thing in a custody agreement: it’s all about your kids. At every step, be honest with yourself about what’s really best for their stability, safety, health, and educational needs.
Do your best not to take an extreme position unless there’s a good reason for it. For example, asking for sole legal custody and only supervised visits is appropriate if the child is in danger. Danger means that the father is abuse either emotionally or physically, has a substance abuse problem, or other actual dangerous circumstances.
Once the judge has issued a temporary custody agreement, stick to it. Sure, if you need to make minor changes to pick up times or swap days once in a while, that’s fine. But if you make significant changes then it can cause issues in the future.
No matter what the age difference between siblings is, do your best not to separate them. Their bond is important – even if they disagree about which parent they want to stay with.
It’s tempting to exaggerate to get your point across. Many parents will do anything to keep their kids. However, remember that you’ll have to make statements under oath. If you’re found not to be truthful, then you could end up losing credibility that will hurt you during the divorce proceedings and the final custody agreement.
If you’ve been the victim of domestic violence, then you need protection. As a result, any temporary orders you ask for should include a restraining order. Even if you think it was a one-time event, remember that the safety of you and your children is the most important factor.
If you’re ready to learn more about temporary or permanent custody, then you’re ready to call Law Offices of Torrence L. Howell at (909) 920-0908. We offer a free consultation so you can find the right options for you.
