Divorces with children are not easy. It’s not easy for you and it’s not easy for the courts. There’s this big question always. Where will they live? You need a good plan. A plan that might be a source of disagreements. It adds up to the difficulty. It weighs on the children. It can be a sad time for the family.
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Try talking to a lawyer. Get a perspective. A lawyer knows a ton of things about custody. They can explain your rights with a lot of clarity. Work on a plan. Work with your co-parent. Try to be cool during conversations. It helps in the collaboration. Temporary custody may need a lot of patience. It is not easy to get and it may not last long. If it’s done right, the court may not change a favorable arrangement.
Temporary and Final Custody: How Can You Tell Them Apart?
Your divorce process has started. You have children. The matters of custody will soon be part of the discussions. There will be concerns about where the children will stay until the divorce is over. One parent may not like the children to leave home. Both parents may want to stay in the same house until the divorce is over. What kind of custody should parents be talking about then? You will come across two kinds of custody at this point.
Temporary Custody. The court would prefer a status quo on many matters during the divorce. The court usually does not make any final decision until they get a complete picture. One of the important matters is custody.
- A temporary custody order provides stability for the child until a final decision. It is an interim arrangement until the court has ruled where the child should live.
- Duration. Temporary custody orders last until the court issues the final custody order.
- Purpose. Temporary custody ensures the child’s living arrangement and care are managed. The children are cared for while the case is ongoing.
- Example. The court will rule that the child states with one parent. A specific schedule is set for visitation with the other parent until the case is resolved.
Final Custody. The court will eventually come to a final ruling. The final custody order is the court’s official decision on custody. It is a ruling saying who gets to take care of the children after the case is resolved.
- Duration: It is permanent until modified by a Michigan court.
- Purpose: The order establishes a long-term arrangement for the child and their care.
- Example. The court rules for one parent to have primary custody. The other parent will now have visitation rights on weekends and holidays.
You will get to the discussion of custody during divorce. The court will act on the most immediate needs first. It will issue temporary orders. These orders will be in place until a final ruling is made about them.
Why Would You Agree to a Temporary Custody?
Parents can agree on a temporary plan. Parents might not agree. A judge will decide. This can be hard. Parents should work on a plan. But why would a parent want a temporary custody arrangement? In Michigan, there can be certain circumstances driving the request for temporary custody.
- Safety Concerns. There might be safety concerns. There can be an immediate risk to the child’s safety. There might be allegations of abuse or neglect.
- Parental Relocation. One parent has plans to move to another place. This move can disrupt the child’s routine and stability.
- Conflict Between Parents. There might be ongoing conflicts or severe animosity between parents. These circumstances may have a bad impact on the child’s current environment.
- Parental Unavailability. One parent may not be available. There can be reasons for this. It can be due to illness, travel, or other commitments.
- Emergency Situations. There might be a need for urgent intervention to protect the child.
Agreeing to a Temporary Custody. There is a certain logic and benefit to a temporary custody order. A parent may agree to temporary custody for several reasons:
Provides Stability for the Child
- Temporary custody offers a stable living arrangement for the child. It offers an interim solution while the case is ongoing.
- The child can continue attending the same school. They can continue living in a familiar environment.
Reduces Conflict
- Agreeing on a temporary arrangement can reduce arguments. between parents. It avoids disputes during the divorce process.
- Both parents can agree on a schedule. This helps lessen disputes and creates a more peaceful environment for the child.
Shows Willingness to Cooperate
- Agreeing to temporary custody shows that parents can work together for the sake of the child.
- Courts view cooperative behavior favorably. It can affect the final custody decision in a good way.
Provides a Trial Run
- The temporary arrangement allows both parents to see how a custody arrangement works. It allows parents to see the dynamics of child custody at work.
- Parents can always adjust the schedule when needed.
Helps the Court Make a Decision
- Temporary custody arrangements provide the court with valuable information. It allows the court to form insights about what works best for the child.
- The temporary arrangement might turn out successful. It will provide the court with a framework or template. The court can decide to make the arrangement permanent.
The request for temporary custody is due to the children’s circumstances. Interaction between parents or between parents and children is evolving during divorce. Temporary orders are only a stop-gap measure until a final resolution is available. Never forget why such an order is made. It exists to create a stable and supportive environment for your child.
Will Custody Work if Both Parents Are Living in the Same House During a Divorce?
You might think it is weird for a parent to request custody when everybody is living in the same house. Parents still live together during a divorce. It’s hard to know who has custody. Since both parents are there, it might seem like they both do or that neither does.
- It’s Less Common, But Possible. We expect one of the parents to move out during the divorce process. Parents can remain in the same home. It can come out unique and it can bring in a host of challenges.
- Custody Gets Murky. It can be hard to draw the line about who has “custody” in this situation. It’s difficult to make a distinction in a practical sense. Both parents are present. Both are active and involved in the child’s life. It will appear to be a shared custody.
- The Court Can Intervene. Parents might be living together. The court can still issue temporary custody orders. This might mean creating and sticking to a parenting schedule. It can mean defining the decision-making responsibilities. It can also be an opportunity to address specific issues.
- Why It’s Challenging. You’re in the middle of a divorce process. And, you’re living together. Divorce is stressful on its own. Now you’re seeing each other after every session with your respective lawyers. Disagreements can escalate very fast and very intensely. This can be emotionally taxing. It will be so with the children.
- Why Some Families Do It. Financial reasons are the most common reason. It might be difficult for one parent to move out. A parent may feel that it is less disruptive to stay. It maintains a consistent living situation during the divorce process.
- What Needs to Be Clear. It’s fine to have parents live together. It’s important to have a clear agreement about this. It is preferable to have such an agreement in writing.
- It’s Usually Temporary. Living together during a divorce is rarely a permanent solution. Expect a parent to move out soon. A more formal custody arrangement will be resolved later.
Making a Temporary Custody Work. Temporary custody might work. Let us share some insights to help you make it work:
Set Clear Boundaries
- Establish specific areas and times for each parent. A time and space to be with the children.
- One parent might handle the morning routines. The other can do the evening rituals.
Create a Schedule
- Develop a more structured schedule for parenting duties. It’s best to stick to it.
- Decide which days each parent is the lead for activities like homework, meals, or bedtime.
Maintain Open Communication
- Keep communication respectful. Focused on the child’s well-being instead on individual grievances.
- Discuss any changes to the schedule or responsibilities was advance. It lessens conflicts.
Respect Each Other’s Space.
- You will be designating your respective time and space in the house. Respect each other’s space.
- Agree on a designated private time with the children without interference.
It might be weird seeing each other every day in the same house during the divorce process. With a lot of talking and respect, you might make it work. It’s challenging no doubt.
How Does a Court Decide on a Temporary Custody Plan?
Parents might not agree on a temporary plan. The court will decide. The judge has many choices. The judge might say both parents share time with the child. The judge can make a schedule. Sometimes, the judge says the child stays in the same house, and the parents take turns living there. When the court will need to decide, here’s how they do it:
The Child’s Best Interest. This is always important among many considered. The court has a bias. The child’s physical, emotional, and mental well-being will always come first.
“One Size Fits All” Is Not a Thing. The way a judge decides in a custody determination is not iron-clad. Each case is different. Each case has its uniqueness. The court will always look at the unique circumstances of the family.
Factors the Court Considers. Every case is unique, but some common factors are always on the radar in Michigan courts.
- The Child’s Wishes. The child might be old enough. The judge might consider what the child wants. The child’s preference is not the only consideration the court factors in.
- Each Parent’s Ability to Provide Care. The court will scrutinize how well the parents care for the child’s needs.
- The Child’s Relationship with Each Parent. The bond between child and parent is important to a Michigan court. Expect more scrutiny in this aspect of parenting.
- How Well the Child Is Adjusting. The court will check how well the child is doing at home, in school, and the immediate community.
- Parental Fitness. The court is also concerned with the parent’s physical and mental health. Whether they have a history of abuse or neglect.
- Domestic Violence. The courts dislike domestic violence in the presence of children. It will weigh heavily in the deliberations.
- Stability. The court will always favor an environment that offers stability for children.
How did they Come Up with the Custody Plan? Michigan court has a process they follow to arrive at the best outcome. Here’s an overview of the process to come up with a custody plan:
- Filing a Motion. One parent will be filing a petition. This petition contains the request for temporary custody.
- Reviewing Evidence. The court reviews any set of evidence submitted by both parents. This usually will include affidavits, witness testimonies, and other relevant documents.
- Hearing. A hearing is held for the parents. Parents or their lawyers present their arguments and evidence.
- Temporary Order. Looking at the evidence and arguments, the court issues the temporary custody order.
- Ongoing Review. The order can be reviewed and adjusted as needed until the final custody decision is made.
Whether temporary or final, the aim of custody is stability for children. If anything is to be remembered that is it. Understand how outcomes for custody are arrived at.
How Does a Temporary Custody Schedules Look Like?
The court can order many different schedules. One parent might have the child for a few days, then the other parent. This can change back and forth. Or, the child could live with each parent. Stay for a week at a time. There are lots of ways to share time with children. There’s no single “typical” schedule to refer to. Here are some examples:
- Alternating Weeks. There’s a week for one parent and another week for the other. This is a common arrangement workable for older children.
- Alternating Every Few Days. A child lives with one parent for a few days from Monday to Wednesday. Then, the other parents for a few days. The child goes back to the first parent on weekends. This schedule can be disruptive for younger children.
- Weekdays with One Parent and Weekends with the Other. A child might be living with one parent during the school week. The child stays with the other parent on weekends. This is also a fairly common arrangement.
- Split Weeks. The week is divided between the co-parents. Monday to Wednesday for one parent. Thursday to Sunday for the other.
- Rotating Holidays. There are alternate sharing of children during holidays. One parent can have children for Thanksgiving this year. The other parent have the children next year. The same arrangement can be set for Christmas, birthdays, and other holidays.
These are only examples. Families are unique. They have many possibilities in coming up with schedules. The best one is the kind that serves the child.
Can a Temporary Custody Be Permanent?
Yes, it can happen. Temporary custody orders can sometimes become a permanent order. Courts might decide to keep the temporary plan. If it seems to be working, they may not change it. So, it’s important to think carefully about any temporary plan. What’s the wisdom behind this?
Courts Like Stability. As we said, courts are generally biased in favor of stability for children. Your temporary arrangement seems working well. The court might be hesitant to change it. Why would they? The child is doing well in school. Relationships between parents seem to be doing well. No disputes have been cropping up so far.
“If It Ain’t Broke” Then Don’t. The legal system operates on a belief. A principle that “if ain’t broke, don’t fix it.” Your arrangement is working well so far. Why change it? The judge will see no compelling reason to alter anything.
It’s Not Automatic. It may not change if the arrangement is doing well. But, a temporary order doesn’t automatically become permanent. You still need to make a motion to change it. Any of the parents can change it.
A significant change in circumstance can still trigger a modification to custody. A parent can move a considerable distance. A child’s needs can change. One parent may find evidence of abuse or neglect. Professional advice is always available when you need it.
What to Do if Temporary Custody Don’t Go Your Way?
Parents should try hard to agree. Talking and working together are important. If they still can’t agree, they will need to go to court. A lawyer can help. There are some things you can do now.
- Understand the Order. Review the provisions of the temporary custody order with care. Do you understand the letter of the order? If it’s unclear, find a way to understand it. Find time to talk to a lawyer. You need to act but you can’t do that if you don’t understand.
- Talk to Your Lawyer. Lawyers can explain the provisions of the order. It can clarify what it means to your situation. Your lawyer can advise if the action is worth pursuing.
- Consider Mediation. Even with a temporary order in place, you can still try mediation. It is less adversarial.
- Gather Evidence. You feel the temporary custody order is not good for your children. Collect evidence to support your belief.
- File a Motion to Modify. Your lawyer might advise you to file a motion to modify custody. A motion is a formal request addressed to the court to change the temporary custody order. You will need whatever evidence you gathered.
- Prepare for a Hearing. A motion will trigger the scheduling of a hearing. You and your co-parent will now have an opportunity to present your case. You should be ready to answer queries from the court.
- Be Patient. The legal process most often takes time. It might take weeks or months for your motion to get granted.
- Follow Current Order. Follow the provisions of the order. Your case will get in trouble if you don’t.
- Keep Records. Keep detailed notes of all your interactions with the other parent.
Every case is different. Keep track of the specifics in your case. Document. Seek advice before you act. Learn to have a conversation with your co-parent. It lessens the conflict. We understand you want your children to be safe. You should also understand that you are not the only parent with a stake. Between you and your co-parent, there’s the court you need to consider. They have a different opinion of what is best for your children. Your custody case creates a unique context for your request for custody.
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