If you’re getting a divorce or are already in the process, it is important to know that your child custody case is going to take you on an emotional rollercoaster.
It doesn’t matter whether you agree with your ex-spouse on how visitation should proceed or involve the court to decide, that dreadful feeling of your child being absent (for non-custodial parents) is going to hurt.
However, the reality is that you will have to go through a temporary child custody process before the judge provides a final custody order.
A temporary custody order is established in line with the best interests of the child as it is possible that your divorce proceedings may take too long.
Considering this, we will discuss what a temporary custody order is, where it can be applicable, how it is decided, and what you should expect.
Understanding Temporary Custody and Visitation in Virginia
During a divorce proceeding, permanent custody can’t be given until the final divorce order. Until that order is provided, the child of the parents in question will remain under the temporary custody of either parent. However, it is essential to state that either parent can assume responsibility and physical custody of the child.
What can potentially ensue, because of this, is the fact that if the father takes his child home, the mother can’t legally enforce a custody order (as there is none) to return the child to the mother – and vice versa. The same can happen if the mother picks her child from school and does not return them to the father without any warning.
As you can already imagine, things can get heated and even more intense in this situation. However, there is a way to bring some order to this situation with something known as a Pendente Lite Order.
The Importance of a Pendente Lite Order
A parent can petition for a pendente lite order before the final custody order. Upon approval from the court, the petitioner will then have temporary custody of their child (an enforceable one).
This order will only last until the final order is given. However, a pendente lite order can be petitioned for by either the mother or the father. The main purpose of the order is to prevent the child from being snatched by either parent at any time – which could just as well leading emotional damage.
So, it is wise to petition for a pendente lite order as you file for divorce or are already in the process before the final custody order is given. This is also going to be great for both parents as they can rest assured, they will be able to remain in their child’s life and do everything in their child’s best interest.
The Use Cases of Temporary Custody Orders: When Can They Be Used Pending the Final Custody Order?
Temporary custody orders aren’t just given to couples who are going through a divorce. There can be many other viable reasons why a parent may apply for temporary custody. Let’s look at some immediate reasons.
Legal Separation
When parents agree that their relationship is not working and they wish to separate or (eventually) divorce, they need to decide who to leave the child with. With a temporary child custody order, the law is going to define all the steps the parents will have to take that the child is well-looked-after and is not neglected.
In Emergency Scenarios
In cases of domestic violence or illicit behavior due to excessive drug taking or alcoholism, a temporary custody order can be applied for by the victim. If one parent feels that the child’s well-being may be in jeopardy, the court will appoint that parent primary custody until the investigation reveals everything.
Establishing Temporary Custody: How Is It Done?
While temporary child custody is important for the child’s emotional well-being in the sense that it guarantees a continuity of their routine, it is also just as vital to understand how the court establishes a temporary order.
You see, the primary objective of the court is to ensure the decision is made purely based on the child’s best interests and that the status quo is established between the child and their parents for continued stability.
There are different factors that the court evaluates before handing out its decision. For instance, a judge will analyze the child’s emotional health, their age, and physical health.
They will also evaluate the type of relationship the child has with their mother and father along with investigating whether there have been instances of child abuse or neglect in the past.
Depending on how old and mature the child is, the court may also decide to weigh in the child’s preferences. However, if instances of domestic violence are unearthed, the decision will solely be made for the child in line with their safety.
In addition, the judge will also evaluate the parenting capabilities of both the mother and father, determining whether either one can provide a better and safer environment for the child. In light of this, the judge will consider the following elements:
- The physical and mental well-being of both the mother and father
- Whether there is a recent or long history of alcohol abuse or drug addiction in the family
- How involved were the parents in the child’s day-to-day life (school, medical, recreational), etc…
Temporary child custody performs an instrumental role in ensuring that the child’s physical and emotional health is looked after in the best way possible during an emergency or if the parents are going through a divorce.
Plus, it also helps foster a sense of neutrality among the parents, giving both to spend quality time with their child before a final custody order is announced.