If you are a divorced parent, it’s important to know how to make a temporary custody order permanent. When parents get divorced, one of the biggest concerns is usually custody of the children. In many cases, a temporary custody order is put in place until a permanent arrangement can be made.
This article will outline three ways to make sure your custody arrangement is set in stone. Keep reading for more information!
3 Practical Ways on How to Make a Temporary Custody Order Permanent
When parents file for divorce, they must make arrangements for many things, including child custody and visitation. These divorce proceedings can take a few months to a few years, depending on the situation.
During this time, either parent can ask for a temporary custody order from the court. This order sets out how custody will work during the divorce, including who has the right to decide for the child and when they will visit. Even though it is called a ‘temporary’ order, it carries weight when the court decides on permanent custody.
Usually, the court makes this temporary order permanent while giving the final judgment of the divorce case. The phrase “permanent custody” is a bit of a misnomer.
Because the court can modify custody at any time if it is in the child’s best interests. However, divorce is a long process, and any party can drag it out willingly to make it longer.
That’s why it is better to know how to make a temporary custody order permanent without waiting for the final divorce judgment. There are three ways through which you can achieve this:
#1. Convince the Other Parent to Reach an Agreement:
The best and quickest way to make a temporary custody arrangement permanent is to reach an agreement with the other parent.
If you and the other parent can come to a mutual agreement on custody, you can submit this agreement to the court. Once the court approves the agreement, it will become a permanent custody arrangement.
This is best because it allows you and the other parent to control your custody arrangement. You can tailor the agreement to fit your family’s needs rather than having a one-size-fits-all arrangement imposed by the court. It also avoids the stress and expense of going to court.
Of course, reaching an agreement with the other parent is not always possible. If you cannot come to an agreement, you can try one of the other two options.
#2. Get the Help from Mediator:
Divorced parents often face the daunting task of reaching a child custody agreement. Mediation can be an effective way to reach a resolution that is in the child’s best interests.
The process typically involves both parents meeting with a mediator, who will help facilitate communication and negotiation.
The mediator will also provide information about the legal process and options for custody arrangements. Mediation aims to help the parents reach a fair and workable agreement for both parties. In many cases, mediation can help to avoid the stress and expense of a lengthy court battle.
Mediation can also allow divorced parents to create a custody arrangement customized to their unique family situation.
When successful, mediation can help divorced parents create a parenting plan that meets their child’s needs while respecting the rights of both parents.
If you can reach an agreement through mediation, this agreement will be submitted to the court and will become a permanent custody arrangement.
#3. File a Motion with the Court:
If the above two methods fail, you can file a motion with the court. An expert family lawyer can guide you through the process. This motion will ask the judge to make your custody arrangement official.
To have this motion granted, you must show that there has been a significant change in circumstances since the temporary order was put in place. For example, these would be considered significant changes if you have moved to a new home or gotten a new job.
Generally, temporary orders set the status quo for courts, so it’s important not to brush them off. Judges feel hesitant to change a temporary order if it has been working well for a while.
Judges in family law cases are aware of the importance of routines and stability for children, so they try to avoid doing so too frequently. If a kid is flourishing under a short-term custody arrangement and has adjusted to the conditions, the parent who wants to modify it may have difficulty in court.
Sometimes, parties can file a Motion to make a temporary custody order permanent if the other parents are bipolar. But, you need to prove that the other parent can’t take care of the child due to their mental illness.
Try to convince the court by showing evidence of how sincerely you followed the terms of the original order and how the other parent failed to do so.
You should also prove that you made a genuine effort to work out your differences with the other parent, but it just didn’t work out. Only when you have a strong case will the court agree to modify the custody arrangement.
But, be mentally ready for a long battle in court because this process can be expensive and time-consuming. The other parent will also be given a chance to present their side of the story, so be prepared for that.
This option is usually the last resort because it can be very costly financially and emotionally. It is also important to remember that even if you are successful in court, the other parent may appeal the decision, which could further prolong the process.
If you are considering this option, it is important to speak with an experienced family law attorney who can help you understand the process and your chances of success. Filing a motion with the court should be considered a last resort after all other options have been exhausted.
Can a temporary custody order turn into a permanent custody order? This discussion may clear your confusion:
FQAs on How to Make a Temporary Custody Order Permanent
How long does a temporary custody order last?
A temporary custody order usually lasts until the court makes a final custody determination. The time can vary depending on the case, but it’s typically around six months. During that time, the court will listen to both parents and decide who should have primary custody of the child.
What happens when a temporary custody order expires?
If the order expires and the parents do not agree on a new custody arrangement, then the child reverts back to living with the parent who had physical custody of the child before the temporary order was put in place.
If both parents share joint physical custody, the child will continue living with whichever parent had physical custody of the child immediately before the temporary order expires. If there is no pre-existing custody order, a judge will decide which parent should have primary or legal custody of the child.
How often do temporary child custody orders become permanent?
There is no definitive answer to this question since every custody case is unique, so the outcome can vary greatly. However, from what we have seen, it is not uncommon for temporary child custody orders to become permanent.
This is often because the parents are unable to come to an agreement on a permanent custody arrangement, and the court feels that it is in the best interest of the child to maintain stability by keeping the current arrangement in place.
Additionally, if one parent has been significantly more involved in the child’s life than the other, or if there are exceptional circumstances such as domestic violence or substance abuse, these factors can also lead to a permanent custody order to a temporary one.
How to get temporary custody without going to court?
You can’t get temporary custody without going to court. The only way to get temporary custody is to go to court and file for an order of custody. The court will decide who should have temporary custody until the case is trialed. To make the process quicker, both parents may agree before going to court on the custody terms to show the court.
How enforceable is a temporary custody order?
It depends on the specifics of the order. Generally, a temporary custody order is not as enforceable as a permanent one.
This is because an interim custody order is typically only in place until a final hearing can be held to determine who will have permanent custody of the child or children in question. Sometimes, an emergency custody order can be reversed.
However, there are ways to make a temporary custody order more enforceable. For example, some orders may specify particular times and days that each parent must have the child, making them more challenging to break.
Additionally, orders may include specific provisions related to communication and cooperation between the parents, which can help prevent one parent from unilaterally making decisions about the child’s care.
How should I prepare for a temporary custody hearing?
To prepare for a temporary custody hearing, you should gather all relevant documents related to your case. This may include birth certificates, marriage certificates, and proof of residency.
You should then meet with an attorney who can help you build your case and represent your interests in court. Finally, you should practice telling your story to a friend or family member so that you are ready to share it in court.
Making temporary custody orders permanent is not so much easy thing. Regardless of your chosen method, remember that the goal is to reach an agreement in your child’s best interests.
With that in mind, try to remain calm and constructive throughout the process and be prepared to compromise. Making a permanent custody arrangement can be difficult, but keep your child’s best interests at the forefront of your mind.