Temporary Custody Orders during Divorce in New Jersey
When a marriage with children comes to an end, issues of child custody and visitation are a central part of the ensuing divorce case. While the final divorce decree will address issues of child custody, there are circumstances where a temporary custody order might be necessary earlier in the process.
If you have questions about temporary custody orders during divorce in New Jersey, reach out to a legal professional today. A dedicated divorce attorney can answer any questions, assess your situation, and guide you through the temporary custody process.
Determining Temporary Custody
If the court decides to issue a temporary custody order during a pending divorce case, there are a variety of factors that could impact that decision – the most important factor being the best interests of the child. Either parent has the right to request a formal custody determination to be put in place while the divorce case makes its way through the court system. A seasoned attorney can help a parent prepare their request for temporary custody in NJ.
The process of deciding temporary custody during a divorce case is similar in many ways to a final custody determination. The judge will identify which parent served in the role of traditional caregiver for the child, which includes taking the them to school, preparing their meals, or accompanying them on doctor’s visits. The parent who played the larger role as a caregiver may be more likely to receive temporary custody.
The court will also look to the abilities of each parent to provide a stable home to their child. This includes more than just financial support, as children are also entitled to receive emotional support from both parents under state law. A judge will also consider any special needs the child might have. For example, if a child has mobility issues, the court might grant temporary custody to the parent best equipped to fulfill these needs.
Impact of Temporary Custody Orders after Divorce
The terms of a temporary custody order have no influence on the terms included in the final divorce decree. In fact, the final divorce decree could include custody terms that are drastically different from those entered in the temporary order.
The terms of a temporary custody order might not impact the final divorce decree, but they could inform both parents on which way the court is leaning. While a judge has the right to reverse course and issue a decree that differs from the temporary custody order, the court will often issue a final divorce order that is similar or identical to the temporary one.
That does not mean a parent should give up on their efforts for custody if a temporary order does not go their way. With the right attorney by their side, it can be possible to secure a more favorable outcome in the final order.
Reach out to a New Jersey Attorney about Temporary Custody Orders during a Divorce
If you are seeking temporary custody during your pending divorce, you should not pursue your motion alone. Issues of child custody are complex, and addressing them without the guidance of an attorney could put your parental rights at risk.
Let an attorney advise you on temporary custody orders during divorce in New Jersey. Call today to learn more about what our seasoned legal team can do for you and your family.
