One of the most important aspects of your impending divorce that needs to be addressed as soon as possible once you enter the court is temporary child custody. If you and your spouse cannot come to your own terms of agreement about temporary child custody, the judge in the case is responsible for reviewing your individual circumstances and making a recommendation.
These temporary orders can include other matters not associated with child custody but a temporary child custody order in New Jersey determines which parent has primary custody during the time that the divorce proceedings are pending.
The process of getting temporary custody of a minor child begins with having your family lawyer prepare and file a motion for temporary custody. Other documents may also be required at the beginning of your divorce proceedings that can be put together at the same time.
Trying to proceed in a child custody situation without legal representation could be a big mistake if you make errors on the form. The standard for determining child custody is what’s in the best interests of the child, which means that the court looks at which parent historically provided most of the care for the minor as well as the individual living circumstances of each parent.
The mental and physical health of the child as well as both parents are taken into account when determining an appropriate custodial arrangement.
The courts will also put together a temporary parenting time schedule that is to be followed until the time that the divorce case ends. Usually the non-custodial parent is given reasonable and regular contact with the minor child, but you should consult directly with your divorce attorney to make sure that your rights have been represented.
The temporary custody orders do not always automatically translate into the permanent arrangement for child custody, which means that your attorney needs to be prepared to continue fighting hard on your behalf when it comes to getting appropriate parenting time for you and your loved ones.