Mens Family Law & Divorce Attorneys San Diego

San Diego Temporary Custody Lawyers
Fighting for Your Children

When a marriage is set to end and a divorce proceeding is about to begin, most people think about things that tend to overlook the practical, daily details regarding their lives and the lives of those who live with them.  One of the situations that’s often not considered thoroughly before a divorce begins concerns the temporary custody of any children of the marriage.  Below is an overview of this situation, and if you are facing this ordeal, seek the help of San Diego temporary custody lawyers as soon as possible.

When Temporary Custody is Decided

Generally, temporary custody is awarded to one parent or the other as soon as the divorce papers are filed.   The court sees it as important to establish norms for the children of a marriage as soon as possible, and for practical reasons having this issue clarified could make it easier for everyone to move through the remaining phases of the divorce proceeding.

Generally, although it’s not required for courts to do so, the children will remain in the home that was lived in during the marriage.  This will allow them to continue with their schooling as it was already progressing and will minimize the upheaval that the child or children experience as much as possible.

How Temporary Custody is Decided

In addition to when the temporary custody is decided, the issue of how temporary custody is decided is also critically important.  Generally, if child custody will be a contested issue, the court will schedule a hearing as soon as possible to make this decision.  Aside from the consideration given to the marital home mentioned above, courts will largely use the same criteria to decide temporary custody as they do permanent custody.

In addition, there have been temporary custody orders issued that indicate that the parent who has been awarded temporary custody is the more suitable parent to be awarded permanent custody when that issue is decided during the divorce proceeding.  These temporary orders can be extremely persuasive when it comes time for a final decision.

How San Diego Temporary Custody Lawyers Can Help

If you are facing this situation and you’re not sure how to proceed, the first step you should take is to seek the help of experienced San Diego temporary custody lawyers.  Some of the most important, most far-reaching and most indelible decisions regarding the future of the children are made very early in the process.  Therefore, you have no time to waste.  Contact the Law Offices of James D. Scott immediately to schedule an initial consultation.