Who Gets Custody Of The Kids While A Divorce Is Pending?

When a divorce occurs, it can have a significant impact on children. Along with the stress of having their parents living apart from one another, they will also find themselves facing questions concerning their custody. One of the biggest issues involving custody is who will get custody of the children while the divorce is pending. Since this can be a complex situation, many factors come into play. As a result, it’s always best for each parent to consult a child custody lawyer to ensure their legal rights are protected during this time.

Negotiating Temporary Custody
In the best-case scenario for a couple getting divorced, they will be able to sit down with one another and amicably negotiate a temporary custody agreement. By doing so, the biggest advantage is they are able to maintain control over the living arrangements of their children. However, if they are unable to do so, the next step will be to schedule a court hearing to decide on temporary custody arrangements.

Temporary Custody Order
If both parents are unable to reach an agreement on temporary custody of the children until the divorce is finalized, then a court hearing is held that allows the court to issue a temporary custody order. As with most court hearings during divorces involving children, judges will ultimately do whatever they consider to be in the best interests of the children. Factors determining custody in these situations include:
–Financial stability of parents
–Mental and physical health of parents
–Preferences of the children, if any
–Parental histories involving substance abuse or criminal activity
Along with these factors, both parties can testify and be cross-examined by a child custody lawyer. In addition, evidence can be and usually is presented on both sides, including social media posts and emails, so be very careful not to let your emotions get the best of you online.

In some cases, couples will use a mediator in an attempt to negotiate a custody arrangement while the divorce is pending. By doing so, they may be able to avoid having a court hearing, which leaves the decision of their children’s custody up to a judge.

While child custody is an issue where emotions almost always run high, it’s important to keep the best interests of the children in mind at all times. Therefore, always hire an experienced and knowledgeable child custody lawyer to guide you through this complex process.