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Can courts issue temporary child custody orders during divorce?

On Behalf of | Jul 15, 2024 | Child Custody |

The divorce process is a tough experience for the involved parties, and more so when there are children involved. Caught between parents who are dealing with their own emotional and legal battles, children often experience significant stress and uncertainty.

The courts may consider issuing temporary orders in several situations that may affect the child’s well-being. Some of the instances where courts may issue temporary child custody orders include the following.

Risk of mistreatment or abuse

Where one parent is concerned about the safety of the child in the care of the other parent, especially if there are allegations or evidence of mistreatment or abuse, courts may intervene to protect the child’s safety. Temporary custody orders can be issued to better ensure that the child is safe while the divorce proceedings continue. These orders may include provisions for supervised visitation or restrictions on contact between the child and the parent accused of mistreatment.

Risk of elopement

Another instance where courts may issue temporary child custody orders is when there is a risk that one parent may try to leave the state with the child without the other parent’s consent or court approval. These orders can prevent unilateral actions that could disrupt established custody arrangements or complicate future custody decisions. Temporary orders in such cases aim to maintain stability so that both parents have equal access to the child until a permanent custody arrangement is established through the divorce process.

Allegations of neglect

Neglect is another reason why courts may issue temporary child custody orders during divorce proceedings. If there are credible concerns about a parent’s willingness to provide adequate care for the child, such as failure to provide basic needs like food, shelter or medical care, the court may intervene to protect the child’s well-being. Temporary custody orders can ensure that the child’s immediate needs are met while investigations into the allegations are conducted.

If you are considering filing for temporary child custody, seeking legal guidance will help you understand the legal process, your rights and how to present your case effectively to the court.

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