During actual divorce or legal separation proceedings, the court issues temporary orders, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. Including amongst these temporary orders is one for child custody. Parties to a divorce or legal separation possess the right to attempt to negotiate a temporary child custody agreement in lieu of the court issuing an order in regard to this matter.
Function
A temporary child custody agreement delineates the decisions parents make regarding the custody of a minor during the course of the divorce proceedings, according to "Child Custody A to Z" by Guy J. White. The temporary child custody agreement ultimately is made the order of the court. The agreement remains in force until a final decree issues from the judge, an order that includes the permanent custody plan.
Features
The features of a temporary child custody agreement include designating which parent or parents have legal and physical custody of the minor, according to Cornell University Law School. Legal custody is the ability to make decisions for a child while physical custody designates where the child will reside. The features of the agreement also include a visitation plan and provisions pertaining to child support.
Benefits
The benefits to parents of crafting a temporary child custody agreement include allowing them the ability to make major decisions without the court dictating terms. A judge provides parents significant latitude in reaching a negotiated agreement in regard to child custody issue. Although the court approves such an agreement, absent a finding by the judge that the settlement is not in the best interests of the child, the document will be approved.
Significance
Although designed to expire at the time a divorce is granted, the terms and conditions included in a temporary custody order often are the same in the final divorce or legal separation decree. Therefore, parents negotiating such a temporary agreement need to understand how significant it can be in the short and long term.
Expert Assistance
Resolving divorce related issues, including those associated with children, require an understanding of complex laws and procedure. Therefore, as you contemplate a divorce case generally, and resolving issues relating to children specifically, consider retaining the services of an experienced attorney. The American Bar Association maintains resources through which you can contact an attorney organization in your state or community. These local groups provide directories of attorneys who practice in different areas of the law, including divorce and child custody.
References
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- "Child Custody A to Z"; Guy J. White; 2005
- Cornell University Law School: Child Custody Overview
