What is a temporary custody agreement and when is it used?


What is a temporary custody agreement and when is it used?

Woman and child holding hands and looking at one anotherLegal and physical custody are defined as two different custodial relationships in the state of New Jersey. Legal custody is defined by the parent or parents who have the ability to make decisions for the children including major medical decisions, religious decisions, educational decisions, and any other significant decisions that need to be made for the child. Physical custody is often referred to as residential custody, and that custodial relationship pertains to where the child is living.

How do I get emergency custody of my child in New Jersey?

Sometimes parents have a concern that their children are in danger or are being harmed in some way, perhaps being abused or not taken care of properly.  It may not be feasible to wait to file a routine custody complaint with the court. Under these circumstances, an emergency application would need to be filed. An emergency application is also known as an Order to Show Cause. Under circumstances where the party filing the application is able to establish that the harm is irreparable, and the relief being sought needs to be granted, a judge could make a determination to grant an immediate hearing to allow the party to request relief. If the judge does not determine the situation to be an emergency, then the application will be converted into a routine complaint for custody.

If the court determines that the circumstances do warrant an emergency determination, a temporary order will be granted and you will have to return to court within a short period of time for the judge to address the issues in further detail.

What is a temporary parenting agreement?

A parenting agreement defines the relationship between the parties in terms of the time that they will spend with their child or children. Sometimes the temporary custody agreement cannot become permanent for any number of factual reasons. Under certain circumstances, the court will enter a temporary parenting agreement, which will establish a parenting schedule between the parties, so that both of the parties and the child will know when the child will be with each parent. Under those circumstances, sometimes a child custody order will be entered. Sometimes it is a temporary child custody agreement with an indication that a more final arrangement will be determined at some point in the future. However, it is important to understand that custody is always modifiable. Courts recognize that circumstances change, and the needs of the children change so much that, based upon appropriate circumstances, the court will review the custodial arrangement when necessary. Sometimes it is necessary to enter into a temporary order until the court has enough of an opportunity to consider all of the factors, and make a more definitive ruling on the matter.

Sometimes people are seeking a temporary guardianship agreement form. Circumstances may arise that require a guardian to be appointed for the child. Under those circumstances an emergency child custody application can also be filed, asking the court to appoint a temporary guardian. Again, the court would need the opportunity to fully consider all of the facts before making a more final determination.

People involved in custodial matters with the court have to fully explore all of their options and their rights. The standard that the court is obligated to maintain at all times is the best interests of the child. When circumstances arise that impact the best interests of the child, it is necessary for the court to ensure that the child’s needs are being met at all times.

If you have questions about your temporary custody agreement, contact our office today. Here at DeTorres & DeGeorge we can help you navigate your child custody matters to ensure that your rights are protected and your children’s rights are protected. Schedule a consultation today to address your temporary custody agreement.


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