Last Updated: Aug 25, 2026
Read Time: 3 mins
Family Lawyer
The divorce process can take some time. When it comes to matters involving child custody, it doesn’t always make sense to wait until a resolution is reached to start implementing your child custody agreement. In some cases, it may even be challenging to sort out the details right away, especially when two people are in disagreement over how they will share custody of their children. Children can’t always wait for parents to sort out the details, which is where child custody orders come into play. You may need a child custody lawyer to help you negotiate agreements and help you to advocate for your needs. The following are answers to frequently asked questions regarding temporary child custody orders during divorce.
What is a temporary child custody order?
Child custody issues can be litigious. You and your soon to be ex may have difficulty working out long term agreements. Children can’t wait. They need to know where they will be living and how their time will be shared, especially amidst the significant changes they will be facing when their parents are splitting up. Permanent agreements can be drawn out. Because of this, temporary agreements help establish a plan while a more long term agreement can be made.
If my soon to be ex and I are having difficulty reaching an agreement, what will happen?
While some couples are able to reach agreements together on their own, you may need additional help to reach a temporary custody agreement. Your lawyer can help you by petitioning the court to establish temporary custody. When this occurs, the court will make decisions regarding temporary custody orders that are based upon the best interest of the child.
When will a formal child custody agreement take effect?
Once a formal child custody agreement is reached, it will take the place of the temporary agreement that was once in place. Often, this may occur as your divorce reaches a resolution. However, it’s important to be aware that a child custody agreement can always be subject to change, especially as the needs of your child change over the years.
Are there times aside from divorce that a temporary child custody order may take effect?
While temporary child custody orders may be granted while couples go through the divorce process, they can also take effect for other reasons. Examples of reasons one party may request a temporary child custody order include:
- Military Deployment
- Illness
- The Child is at Risk
Before making any changes, it’s always in your best interest to speak to a child custody lawyer for their counsel. With their help, they can review your situation and ensure that you are making a decision that is in the best interest of both you and your children.
Child custody matters are perhaps one of the most essential components to the divorce process. Your children are the most important people in your life. Make sure that you are able to reach an agreement with your ex that is fair and in your children’s best interest.
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