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Can I get temporary child custody before the divorce hearing?

On Behalf of | Oct 18, 2023 | FAMILY LAW - Child Custody

Even if a couple’s marriage can no longer be restored, family courts try to maintain each parent’s relationship with their child by considering both their rights when determining child custody. Courts carefully examine various factors during their determination, which sometimes takes a while.

However, certain situations impel courts to issue a temporary child custody order before the custody hearings even begin.

Protection from harm

If you request a protective order from the court before the custody proceedings due to the abusive behavior of your spouse, the court can issue an interim order, together with the final restraining order, awarding you with temporary physical custody. The protective order can also address other issues, like child support and parenting time.

Aside from a final restraining order, you can also petition for an emergency custody order to seek an urgent custody award if the situation shows that there will be immediate and irreparable harm to your child if the court does not grant the order.

While the final custody order will still depend on the available circumstances of your case, the temporary custody award is likely to become permanent if evidence solidly confirms the risk of harm against your child if put under the other parent’s custody.

Prioritizing the child’s best interests

Your child’s best interests are the court’s top priority when determining custody, regardless of its nature. Hence, if, upon careful determination, the court finds that issuing a temporary custody order will maintain your child’s well-being, it will certainly do so.

Child custody determination involving domestic violence is a highly sensitive issue. It can be overwhelming for any parent, such as yourself, who only wants the best for their child. Nonetheless, taking time to understand the process and seeking guidance can keep you going.