What happens after temporary custody is granted? Temporary custody is often granted to one parent when the other parent is unavailable or there is a significant risk that the child will be harmed if left with the other parent.
Whatever the case, if you are a parent seeking temporary custody of your child, understand what might happen after the order is granted. Generally, the custodial parent will remain in control of the child’s daily care and upbringing.
Want to know what happens after temporary orders of custody? Six things might happen after temporary custody is granted; I will discuss each in detail below.
What Happens After Temporary Custody is Granted: 6 Things Might Happen
What happens when you get temporary custody? Below 6 things that might happen:
#1. The child will live with the custodial parent:
When temporary custody is granted, the child will usually live with the custodial parent and stay in that same home. The non-custodial parent may be allowed to visit with the child but must do so under what is called “supervised visitation” as ordered by the court. Legal guardians or other people appointed by the court can also provide supervised visits to the child.
Moreover, if the parents cannot agree on what types of visits should occur, then the court may order what is called “monitored visitation,” where a third-party monitor, such as a social worker or mental health professional, must be present during all visits with the child.
#2. The non-custodial parent will have visitation rights:
Along with what is mentioned in the previous point, what happens after temporary custody is granted also includes the non-custodial parent’s visitation rights. Depending on what is outlined in the court order, the custodial parent must allow a certain number of visits per month or year to be conducted by the non-custodial parent.
The court order typically outlines what activities the non-custodial parent is allowed to do with the child during the visit, what places they may go together, and what times of the day or night visits should occur. If a parent fails to comply with what is ordered in the court’s visitation plan without reasonable grounds, there can be legal repercussions.
#3. The custodial parent will make all decisions regarding the child’s welfare:
The custodial parent temporarily has the majority say in all areas of the child’s life, such as schooling, religion, and medical care. The non-custodial parent cannot make choices about these things without permission from the primary caregiver.
The non-custodial parent does not have to be informed of the custodial parent’s decisions unless it is mandated in a court order.
#4. The non-custodial parent will pay child support to the custodial parent:
If the non-custodial parent is ordered to pay child support to the custodial parent after temporary custody is granted, then they must adhere to this requirement. The court will determine how much money should be paid and for how long, and failure to make payments on time can result in legal penalties or a modification of the original order.
If the non-custodial parent feels that they are paying too much money in child support, they can file a motion to modify what amount is owed and what duration it should take place.
#5. The non-custodial parent may try to overturn the temporary custody order:
The non-custodial parent may try to overturn the temporary custody order if they feel it is not in the child’s best interests and seek “primary physical custody,” also known as full custody. This can be done by filing a motion with the court to modify or vacate what was previously ordered.
The court will then examine what is in the child’s best interests and what the custodial parent has to say about the matter before making a decision. The non-custodial parent must provide evidence or testimony as to why they should receive primary physical custody of the child instead.
#6. It will stay until the final custody judgment or be cancelled by the court:
The temporary custody order will typically stay in place until the final custody judgment is reached or it is cancelled by what is called a “motion to vacate.” A motion to vacate is a written request asking the court to cancel what was previously ordered and can be filed by either parent. The court will evaluate the situation as a whole to decide what is in the child’s best interests.
Moreover, the non-custodial parent’s state of residence can also affect what occurs after temporary custody is granted, as various states have different laws surrounding child custody. Therefore, it is best to consult an experienced family law attorney to determine the options available.
I think you should watch this video to learn more about how can a temporary custody order turn into a permanent custody order:
FAQs on What Happens after Temporary Custody is Granted
What is temporary child custody, and how does this work?
Temporary child custody is a legal arrangement that gives temporary physical and legal custody to one parent or guardian for a specific period. This arrangement can be made between the parents through an agreement or a court order.
This arrangement typically provides stability for the children during transition periods, such as when the parents are separating or divorcing, when one parent needs to take an extended leave of absence, or when one parent is relocating. In some cases, temporary child custody may also be used if a parent is found unfit to care for the children long-term.
The court will typically order temporary custody in situations where it feels that it is in the children’s best interests to remain with one parent for a certain period of time.
During this period, the parent or guardian with temporary custody will have most of the same rights and responsibilities as a custodial parent, including making decisions about the residence, education, healthcare, and more.
How long does a temporary custody order last?
The court typically determines the duration of a temporary custody order, which may range from a few weeks to several months or longer. The court will consider the specific circumstances of each case when determining the length of time for which the temporary custody arrangement should remain in place.
At the end of the temporary period, either parent may apply to the court for a permanent custody arrangement. In most cases, the parents will have to attend mediation and come to a mutually agreed-upon decision about how long-term custody should be arranged. If the parents cannot reach an agreement, then the court may decide based on what it feels is in the best interests of the child or children involved.
Temporary child custody arrangements can be complex, so it is important to seek legal advice if you are considering a temporary arrangement or if the court has ordered one. A qualified family law attorney can help you understand your rights and responsibilities under the law. Don’t try to lie to get custody, as it will backfire in the near future.
Do temporary orders become permanent?
In the legal world, nothing is ever certain. Laws and precedents are constantly being challenged and revised, and what was once considered settled may eventually be overturned. This is especially true for temporary orders, often seen as a way to buy time while a more permanent solution is negotiated.
But sometimes, these temporary orders can become permanent, either by default or by design. If both parties are satisfied with the arrangement, there may be no reason to change it. Similarly, the temporary order may become a permanent arrangement if the issue is not urgent.
In other cases, however, a party may petition to make a temporary custody order permanent, either because the situation has changed or because they believe it is in their best interest.
Ultimately, whether or not a temporary order becomes permanent is a decision that is made on a case-by-case basis.
When do temporary orders go into effect?
Orders are usually effective immediately unless the order says otherwise. This can be confusing because, many times, the hearing is scheduled weeks or even months after the order is issued. The other common misunderstanding about orders is that they last only until the final divorce trial.
That is not always true. Some orders, such as child custody and visitation arrangements, can last long after the divorce is final. You should ask your lawyer if you have any questions about whether an order is temporary or permanent.
How to make a temporary custody order permanent?
Once a temporary custody order is in place, the next step is to make it permanent. The process for doing this varies from state to state, but there are some general steps that must be followed.
First, the parents or guardians must file a petition with the court. This petition must state why the custody arrangement should become permanent and must be signed by both parties.
Next, a hearing will be held where both sides can present their case. After considering all the evidence, the judge will decide and issue a permanent custody order.
In some cases, the judge may order a joint custody arrangement where both parents have legal and physical custody of the child. However, if one parent is deemed unfit or unwilling to care for the child, the other parent may be awarded sole custody.
Whatever the outcome, remember that a permanent custody order can always be modified if circumstances change.
Is it possible to reverse the temporary custody order?
A temporary custody order is often put in place when there is a dispute between the parents of a child. The court will decide who should have primary custody of the child on a temporary basis, and this arrangement is usually in place until a more permanent solution can be reached.
In some cases, the parents may be able to reach an agreement between themselves, and the temporary custody order can be reversed. However, if the parents are unable to agree on a custody arrangement, the court may make a decision that is not reversible.
In these cases, it is best to consult with an experienced family law attorney to discuss your legal options.
Conclusion:
Temporary custody is a court-ordered agreement that outlines what parents are responsible for while the final custody judgment is being determined. After temporary custody is granted, there are several things that may happen depending on what was outlined in the order and what the non-custodial parent’s state of residence dictates.
Non-custodial parents may seek to overturn the order or modify what amount of money owed for child support, and both parents must adhere to what was outlined in the agreement. Consult with an experienced family law attorney to understand what options are available.