Temporary Custody for Children: How to Decide?

child custody

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.

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Negotiating Terms for Temporary Custody

Sometimes, a divorce is mutual and amicable. In this case, generally, spouses intend to settle things in a reasonable way. Even if your opinions differ for alimony, property division and child support, you try to decide on 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 a situation like this, for child custody, you should work with your spouse for a temporary arrangement. If there’s already a permanent arrangement agreement, the temporary arrangement may follow it as well. The process should be convenient for you and something that is suitable for the children as well.

For the temporary arrangement, you should consider which parent: lives closest to the school; has more time to spend with the children; can provide transport to school or activities; can offer a living arrangement the kids would most prefer.

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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 not agree to 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 split 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 agreement will be in effect.

If this happens, you may need to follow these procedures. Ask your family attorney in Oklahoma City, OK, for further help with: explaining the order you are applying for; requesting the king of custody you want, whether you want to share it or not; providing a declaration of the request and evidence to support it.

In this case, your spouse has to respond formally to the request of your submission along with his or her own declaration. The judge will review the details and set two dates: one for mediation and another for 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 discuss the issues with both of you to move the process forward. 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 can decide on an order best for the children. 

Contact Handley Law Center to handle your case for helping your children in the best way.

** Disclaimer: This blog article is not legal advice and does not create an attorney-client relationship.