Temporary Custody Agreements
You'll follow your temporary custody agreement while you wait for a final custody order — potentially for over a year. Make sure your temporary agreement is a good one.
What is a temporary custody agreement?
When parents separate and begin the custody process, a temporary custody order takes care of the child's short-term needs. This interim order sets arrangements for the care and control of the child until a permanent custody order is finalized.
Besides divorce, other situations may warrant a temporary custody agreement. Temporary custody may be granted to the other parent or a third party if outstanding circumstances occur, such as:
- A parent has a health issue and requires hospitalization or extended care.
- A parent must travel for work, including military duty, and is temporarily unavailable to take care of the child.
- A parent is incarcerated.
- A parent is deported.
What to include in a temporary custody agreement
Your temporary agreement will most likely serve as the foundation for your permanent custody order. Your temporary agreement should include everything a permanent one does:
- A child visitation schedule and designation of physical custody
- A list of parental responsibilities and designation of legal custody
- Rules for child-rearing
- Rules about how parents should conduct themselves (when relevant to parenting)
Your temporary custody agreement lets you try out the arrangement. You should include all of the details you want in your permanent agreement.
Following the temporary plan helps you gauge whether each parent can follow it permanently, if the plan works for your child, and whether any changes need to be made before finalizing the agreement.
How your temporary agreement affects your permanent custody order
When parents can't reach a permanent custody agreement, it's common for a judge to adopt the temporary agreement as a permanent order. This prevents disrupting your child's life with a new arrangement.
The judge will consider how the temporary arrangements have worked, how your child has been cared for previously and, above all, what's in your child's best interest.
Since your temporary custody arrangements could become permanent, make sure your plan is right for your child from the onset of your custody case.
Changing a temporary agreement
You may petition the court to make changes to your agreement before it becomes final. If the other parent opposes the changes, you'll need to provide compelling reasons to the court.
Since the custody or divorce process takes several months (sometimes even years), it's not uncommon for parents to discover portions of their temporary agreement that need modification. For instance, you may want to tweak the visitation schedule or add more provisions to reduce arguments with your co-parent.
The easiest way to make a custody agreement
Creating a custody agreement on your own can feel overwhelming. You have to be sure to use airtight legal language and can't omit any required information.
Use technology to take the guesswork out of the equation. The Custody X Change app walks you through each step of creating a comprehensive custody agreement.
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The result is a professional document that demonstrates your competence as a parent and secures your child's future.
The easiest and most reliable way to make a custody agreement is with Custody X Change.
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