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Temporary Custody in a Carlsbad Divorce Proceeding

On Behalf of | Jun 8, 2019 | Child Custody and Visitation

What is temporary custody in a Carlsbad divorce proceeding?  How will the temporary orders issued in your case affect the ultimate outcome of the divorce itself?

At the outset of a divorce, the Court may be asked to establish temporary orders concerning many matters including child custody, child support and spousal support.  These orders are designed to establish financial fairness at the outset of the process while the court delves into the specifics during the course of the divorce.  These requests are often included within the “Petition” of the original filing of the divorce.  These petitions are often not in your favor and this is why it is so important to contact the attorneys at Burke & Domercq immediately if you’ve been served divorce papers.

Many separating couples work to agree upon initial custody arrangements.  The temporary custody orders of the court are precisely that, temporary.  They are intended to help the children to continue (as much as possible) with their normal lives and routine while the divorce is underway.  It is almost always in your best interest to attempt to agree upon a temporary custody arrangement with your former spouse.  This keeps the control of these important decisions in your own hands as parents, instead of having a decision imposed upon you by a total stranger (the judge).

Consider the children’s existing schedule including school, extra-curricular activities, religious practices and healthcare needs.  The Court is required to put the best interests of the children at the heart of any custody order.  It is in your own best interest to set aside any bitterness between you and your former spouse and genuinely work to discern what would be best for the kids.  How will they be able to spend roughly equal quality time with each parent?  This is usually the ultimate goal of the court, and the Judge will be paying close attention to each parent’s actions as well as the couple’s ability to co-parent during the course of the divorce.

It is important to get temporary custody in a Carlsbad divorce proceeding right from the outset.  We invite you to contact Burke & Domercq or call 760-389-3927 to schedule an appointment and to learn more about the issues associated with temporary custody in a Carlsbad divorce case.