Who Gets The Kids Before The Divorce is Finalized?
During a divorce, the judge will prioritize the children’s best interests above everything else when deciding which parent must get custody. But who will the kids live with while waiting for the divorce to be finalized? Here are common ways divorcing parents and courts handle child custody and parenting time in the midst of divorce proceedings.
De Facto Child Custody
If a parent moves out of the family home without an order from a judge, the remaining parent will be given de facto child custody, which means that they’ll have full child custody in the meantime. However, this type of custody could lead to issues later on.
Keep in mind that when the court considers the best interests of the kids when determining custody decisions, it might preserve the de facto child custody arrangement because the kids might benefit best from consistent living arrangements and parenting. Likewise, it might be hard for the non-custodial parent to argue that the de facto custodial parent shouldn’t be given full custody when they previously willingly gave them full child custody.
The Divorcing Parents Agree to Stay Together
This usually occurs when the divorcing spouses can still cohabitate amicably and civilly while going through the divorce. In most cases, this is the best arrangement for the kids because they get to stay with both parents, and there’s little disruption to the kids’ daily lives. Additionally, this custody arrangement will eliminate disputes and animosity between amicable divorcing couples.
Temporary Child Custody Orders
The divorcing couple might file for temporary child custody orders if they simply can’t agree on who gets to live with the kids or there’s a history of domestic violence. The temporary orders will remain in effect until the divorce has been finalized and the judge has made permanent custody arrangements.
A parent can file a request for a temporary custody order alongside the divorce petition or after filing the petition. The other parent will be sent a copy of the motion and a schedule for the hearing. During the hearing, both parents must testify about parenting and custody issues. The court might make immediate decisions regarding custody rights, depending on the specific circumstances of the situation. This hearing is of vital importance, and you need an experienced attorney guiding you through the process, including issues such as, “should the status quo be maintained?”
It’s immensely vital that you tread carefully with custody issues because all your decisions will have an effect on your parental and custody rights. You should avoid giving the court any reason to doubt your parenting ability since it will always consider the best interests of the kids when deciding on child custody arrangements in divorce cases. Impulsive and reckless behavior, including illegal activities and fighting with your spouse, might harm your credibility in the eyes of the court.
Seek Legal Advice from an Experienced Child Custody Lawyer in Georgia
Navigating child custody and parenting issues during a divorce could be very complicated for most divorcing couples. This is why consulting a skilled Georgia child custody lawyer who can help you determine the best options for your case is crucial. Reach out to us here at Banks, Stubbs & McFarland LLP by filling out our online form or calling 770-887-1209 to arrange a consultation with our child custody lawyer in Georgia today.
