Last Updated on September 1, 2023 by Lori Pace
Temporary custody refers to give custody for a minor. This type of custody is for someone acting as a guardian until parents and authorities make a permanent arrangement. A minor child may have this right for a variety of reasons, including the death of one parent or a divorce proceeding.
Although authorities do not permit minors to participate in the appointment of guardians, attorneys acting in the best interests of minors may be able to make their wishes known to the court. These can then be under consideration when placing the child.
Common Situation That Call For Temporary Custody
Divorce is a classic example of a situation where they grant temporary custody. While it is important for parents to reach an agreement on custody when they separate, it doesn’t have to be permanent. Temporary custody may be granted to one parent, who will stay in the house while the terms of the divorce are negotiated and final arrangements are made.
Who Can Be Assign For Temporary Custody
If their children are in need of a guardian, parents can give temporary custodies to friends or family members. Parents may be temporarily unable or unable to care for their children due to illness, extended travel, or other reasons. Parents don’t have to give up parental rights. They can file a petition seeking temporary custody to appoint someone who will make the decisions for the minor, while they are away.
When minors are in imminent danger, authorities and parents can grant temporary custodies.
However, a minor can be taken from the care of their parents or guardian to safety, and temporary custody may be granted by the court to a better guardian. After resolving the children’s safety, then authorities can restore parenting and guardianship rights. If that is not possible, the court may consider other custody options.
Emergency Custody
They can use a protective order to provide emergency custody for a child. These orders happen when a partner leaves a marriage due to domestic violence, abuse, threats, or other reasons (bad parenting to the child). This partner can receive temporary custody for the protection of the child. This order will protect the child from any abusive or threatening partner.
Choosing A Custodian
Anyone can be a temporary custodian. However, it is important to select a custodian that can provide consistent care and support and with whom the parents have strong relationships. The following individuals may be under consideration as temporary custodians for children by parents:
- Extended family members
- Friends
- Godparents
- Grandparents
Drafting An Agreement
If parents decide to give temporary custody to another child, they may opt to sign an agreement. These are the essential elements of this arrangement:
- Details about the right of the parent to visit
- Particulars about where the child will live
- Time period (when the agreement begins and ends).
These details are not the only things that temporary child custody agreements include. They should also include financial arrangements.
Visitation Rights
A parent who is denied temporary custody is typically granted generous visitation rights. Unless there are exceptional circumstances, such as a history or drug abuse or violence, a court will not grant visitation rights. The court holds that the best interests of the child are served by maintaining a close relationship with both parents.
