Temporary child custody orders are temporary custody arrangements for children while a divorce or separation is pending. A Connecticut child custody lawyer will help parents determine their best interests in the case of a contested divorce or separation. To start off, temporary custody orders are ordered by the court to help maintain the wellbeing of children while an issue like divorce is being determined. The judge can impose them either before or after there is a separation agreement. A temporary custody order may be needed if the parents cannot agree on where the child should live or what custody arrangement would be best for them.
Connecticut law has a very strict set of guidelines for temporary child custody. There are two types of temporary custody, physical and legal. Physical custody determines who the child resides with, while legal custody determines the decision-making rights of the child. When deciding whether to grant temporary physical or legal custody, courts consider what is in the best interest of the child.
What are the Instances in Which Connecticut Court Uses Temporary Child Custody Orders?
Many couples coming out of a divorce may be at odds on whether they want to share custody of their children equally or not. Temporary child custody orders in Connecticut allow parents to agree on the temporary custody arrangement for their children and then revisit the issue later when they can come to an agreement more collaboratively. This helps both sides find some certainty as they work on what’s best for their children and themselves as parents.
The decision of whether to grant temporary child custody depends on many factors, including the duration of the separation, the age and background of the children, the wishes of the parents, and whether one parent poses a risk to the other. A Connecticut court will generally grant temporary child custody based on what is in the best interest of the child. This may include granting temporary physical care and control of a child to a caregiver for a short period of time if needed.
However, temporary child custody is mainly issued by the court at certain instances as follows:
- In Connecticut, temporary custody orders are used in cases where the courts have made a presumption that one parent is unfit to have sole custody.
- A temporary child custody order is typically used to resolve custody arrangements while divorce proceedings play out. This temporary custody will only be valid until the court issues final orders. After reviewing both parents’ complete case files, the court will determine which parent should receive temporary custody of the children.