Predivorce Custody (Temporary Custody)

At the time of separation, a temporary custody arrangement might very well be assumed by the two parents. However, it is essential that the issues related to custody are thoroughly discussed in order to successfully reach a binding and lasting mutual agreement.

Residency, legal guardianship, and visitation serve as the foundation issues on which the legal and physical custody rights are awarded. The law typically does not play a role in temporary custody arrangements, interceding only when one spouse is deemed unsuitable, usually on grounds of alcoholism or abusiveness, and only after the respective attorney files a petition with the court. In other words, it is usually in the interest of common good to come to a satisfactory agreement, to cooperate with the estranged spouse, and to provide convenient visitation.

It should not be taken for granted that the final legal custody arrangements awarded by the court will be the same as the temporary custody arrangements.

To ensure the best possible outcome for the child, divorce counseling for the entire family is highly recommend. Counseling helps prevents a child from becoming a manipulative pawn or the inappropriate subject and/or source of any arguments. Most often a child views the parents as equals, and the change in relationships as a result of the divorce process can be emotionally devastating. Remember, the child is the most vulnerable person in the divorce action, and unfortunately, the legal system does not completely protect this precious commodity.