Who Gets Custody of the Kids During a Divorce?

mom holding her baby

Custody decisions are among the most challenging to make when a couple divorces. Before the divorce is finalized, you and your ex will need to decide who gets temporary custody until the court is ready with its final declaration. This can be exceedingly difficult, especially when one or both of you is seeking sole custody. As highly respected child custody lawyers for women, The Law Firm of Victoria, P.C. helps clients in Southeast Michigan navigate the process to ensure the best chance of success. Because this firm is devoted to serving the needs of local women, you can rest assured of compassionate and caring advice at each step of your divorce.

Determining temporary custody typically depends on a few different factors. There are also quite a few methods you can utilize, including traditional court proceedings before a judge and mediation. The following explains a few of these options so you can enter into the process fully informed and ready to fight for the best interests of your child.

When You & Your Ex Don’t See Eye to Eye

Some divorces are highly contentious. As a result, it can be all but impossible for you and your ex to come to terms about custody, either in the short or long term. If you feel as though your kids will be better served by remaining in your care or you want to have joint custody with your ex, you can file for a Request for Order. This is a temporary order that only lasts for the duration of the divorce proceeding. These orders may be superseded at the end of the divorce if the judge decides on a different custody arrangement. In general, a request for temporary custody must contain some crucial elements:

  • Reasons why you’re requesting temporary custody. This can range from a child’s custody preference to issues related to domestic abuse or neglect.
  • Evidence backing any claims you made. The child custody law firm you’re working with can help you compile compelling evidence for your case. 
  • Details on the type of custody you’re requesting. You can ask for joint custody or sole custody in the short-term if you believe it’s in the best interest of a child. 

Your ex-spouse will also be allowed to respond to your request. From here, the judge will recommend mediation, which entails working with a mediator to come to an agreement. If mediation fails to provide a resolution, the temporary custody decision will be decided in court.

How the Court Determines Custody Decisions

All decisions involving your kids will be made in their best interest. The court aims to limit stress and upheaval on the lives of children, especially when one parent is considered to be the primary caregiver. This entails looking at numerous factors. For example, the court will consider how close each parent lives to a child’s school. Unless absolutely necessary, it’s best to allow a child to remain in his or her school to prevent even more stress after such a significant life-changing event. The court will also look at each parent’s current level of employment and availability.

This is helpful for establishing who is more capable of getting kids to and from school and social obligations. With younger kids, the court usually looks to maintain the current primary caregiver situation. Conversely, older kids may be asked about their preferences. The court prefers parents to work out custody decisions on their own when at all possible. This includes both short-term and long-term custody decisions.

Women in search of child custody lawyers in Birmingham, MI can rely on the skill and support offered by The Law Firm of Victoria, P.C. They provide free seminars that answer some of the many tough questions surrounding divorce. This includes questions regarding child custody and how the court typically makes its decisions. They also provide many other essential services, including help with pre and postnuptial agreements, annulments, child support, property division, and many others. Call (248) 780-1775 to schedule a free consultation with these kind and caring attorneys.

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