If you are heading toward the possibility of a divorce, you might be wondering what your options are for temporary custody of a child or children. Depending on the circumstances, temporary custody can be granted to either one parent or a third party. Temporary custody will often be determined during a separation or divorce, pending a final agreement. Agreements may start as temporary but may become permanent by a court of law. The court will determine which parent receives temporary custody based on the child’s best interests. There are several other reasons why one parent would grant another person temporary custody of a child.
Temporary Custody Arrangements with a Third Party
There are many reasons why either one or both parents would consider giving temporary custody to another person or couple. Reasons for temporary guardianship might include:
- Other responsibilities: A parent who has an unusual work schedule might temporarily give someone else custody. Additionally, a parent with work-related travel commitments or who has unordinary educational responsibilities may temporarily ask a parent, close or distant relative, or friend to care for their child or children.
- Final order: Parents might agree to a temporary custody arrangement with a third party while waiting for the court to issue a final order.
- Child Safety: If there is a threat of child abuse on the part of both parents, the court will order a temporary custody arrangement in order to protect the child.
- Illness: A temporarily incapacitated parent may ask a friend or relative to care for their children for a short time.
- Finances: A parent who cannot afford to care for their children may grant temporary guardianship to a trusted relative.
It’s important to note that the parent who receives temporary custody of their child or children is more likely to be given permanent custody. While courts may ask the child for their opinion, it is usually easiest to avoid changing custody.
Choosing a Custodian
Anyone can be a temporary custodian. It’s essential, however, to choose a custodian who will provide consistent care and support to the child.
Parents will typically choose the following as temporary custodians of their children:
- Extended family members, like aunts and uncles
- Grandparents
- Friends of the family
- Godparents
Writing an Agreement
Parents should execute a temporary child custody agreement if they decide to grant temporary child custody to another person. An interim child custody agreement should determine the parent’s right to visitation, where the child will live, and the time period of the contract. In addition, temporary child custody agreements would generally include financial arrangements as well.
Visitation
Typically, a parent who does not have temporary custody will be given visitation rights. A court will award visitation rights unless in the case of extenuating circumstances, such as a history of violence or drug abuse. The court assumes the child should maintain their relationship with both parents in their best interest.
For more information and to answer other questions you might have about temporary custody, review additional resources, or you can schedule a free consultation and speak with us today.