Custody of the Child During the Divorce Process

If you are thinking about divorce, then an essential step in the process is to think about what will happen to your child after the divorce. Divorce can be devastating for the entire family, especially your children. Therefore, it is necessary to determine what will happen to the kids during the process of divorce. Who will get the kids? When will they get the kid? Who will take care of child support and insurance? In the case that you are opting for divorce, here are a few things that can make the process of child custody easy for you.

Negotiating temporary custody

In some divorce cases, spouses can see eye-to-eye. While they might disagree on certain issues like alimony, property division, and child support, these couples are more likely to see things with an even head. They won’t be at each other’s throat. They will care about the impact of their divorce on their children, and they will work together to make the process as easy as possible for themselves and everyone else.

If you are in such a situation, you should negotiate for temporary custody yourself.

Negotiating the custody terms

This custody is not permanent, and it will last until the divorce is finalized. The advantage of such custody is that it will provide your child stability as the case proceeds. When you are drafting the temporary custody agreement, keep these things in mind:

  • What does the child want?
  • Which parent is capable to give the best support?
  • Which partner can give more time to the child?
  • What will happen to the child’s school if their school is far from their house?
  • Transportation costs
  • Health insurance coverage
  • Visitation schedules for the other parent

Requesting a court order for temporary custody

However, in other cases, the divorce is far from amicable. You and your spouse might argue every step of the way, making it impossible to agree to anything. When it comes to your children, the other partner might not be considering the child and might just be adamant about custody. If that is the case and you feel that your child is in danger by being with the other partner, request a court order for temporary child custody. This will provide the child stability during the divorce process, and it will prevent the other partner from making threats and rash decisions. This will prevent your spouse from moving out of the country or town with the child.

The terms of the temporary custody will only last until the divorce is finalized. After that, the permanent child custody will be in effect.

When requesting this court order, include the following:

  • Explain the type of order you want the court to issue
  • Add in a request for the type of custody you want— joint, sole, etc.
  • Provide evidence and support for your request

Once this will happen, your partner will formally respond to the court order with their own case. After the relevant documents are evaluated by the judge, the judge will set the dates for mediation and court. If the issues aren’t resolved with the help of the mediator, the issue will be taken to court.

You have to make sure that your child’s best interests are taken into account when a divorce is taking place. To help you with the process of negotiation, contact Scott M. Schweiger. We will walk you through the process while keeping in mind what is best for you and your child.


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