Temporary Custody for Children: How to Decide?
Divorce not only parts a couple, but also a family. If the family has children, they are affected by their parents’ decision the most. It is psychologically proven that children do not want to stay with one of their parents, they need both. Yet, if the situation is beyond control, the parents need to make the decision to be apart.
Divorce is a legal process that takes some time to be completed. And in this period between applying for divorce and completing it, the children face problems pertaining to their custody. After the divorce, the court decides who has custody but during this period, it is a little dicey, and it depends on you and your spouse’s choice. It is best to contact a family attorney in Oklahoma City, OK, for details to help yourself and your children through this transition.
As the divorce rate in Oklahoma and across the United States is 40% to 50% (according to APA) and the children involved end up suffering from custody-related problems, here is some information, in a nutshell, you may need to know.
Negotiable Temporary Custody Terms
Some divorces are mutual and amicable. In this case, generally, you and your spouse can see eye-to-eye on most things. Even if your opinions differ for alimony, property division and child support, you try to approach things calmly. In this case, you should work together to encounter the problems that are mutually agreeable. The longer the delay, the more complicated the case will become.
In this situation, for child custody, you and your spouse should agree on a temporary custody arrangement. If you have already made a permanent agreement in this regard, the temporary arrangement may follow those terms as well. The process should be convenient for you and something that works for your children as well.
In the temporary custody arrangement, you should consider these below-mentioned points.
The parent residing near the school.
The parent that has the most time to spend with children.
The parent who can take the children to school or to other places.
The preference of children.
Requested Temporary Custody Terms
So far it was a mutual and hassle-free divorce, where things have been going smooth. Your divorce may not be so smooth however. Your spouse may refuse to agree on the terms and make things complicated. For the children’s custody as well, you two may find you have problems. Your spouse may not want to share the custody with you, neither now, nor in the future. In this case, you should contact a family attorney in Oklahoma City, OK. You have the right to put in a request to the honorable court for the custody order. This order will remain in place until the completion of the divorce. On completion of the divorce, the permanent custody agreement will be in effect.
In this case, you may need to follow these procedures. Ask your family attorney in Oklahoma City, OK, for further help with;
An explanation of the type of order you are applying for.
A straightforward mentioning of the type of custody you want, whether you want to share it or not.
A declaration of the request and providing evidence to support it.
In this case, your spouse has to respond formally to the request of your submission along with a declaration. The judge will review the details and set two dates for mediation and court. In mediation, you will try to resolve the dispute regarding custody before the case reaches the final court. The unbiased mediator or your family attorney in Oklahoma City, OK, will speak with both of you to move in a positive direction. The idea is to make the arrangement agreeable for you both.
In case the problem is not solved in mediation, you will go to court and the judge will issue an order that is best for the children.
Contact Handley Law Center to handle your case for helping your children in the best way.