In addition to pending divorce cases, these temporary orders are sometimes used when a parent must undergo medical treatment that requires a long stay in the hospital or rehabilitation if a parent is imprisoned.
Divorce can be a scary road to travel, especially if there are kids involved. Knowing what to expect of the process can go a long way in making the journey a bit easier to weather, though. One thing some parents may not know about is temporary custody orders. A temporary custody order is typically implemented before a divorcing couple agrees to a permanent custody solution. In Alabama, most temporary custody orders last until a divorce is finalized. Why are they implemented to begin with?
For starters, temporary custody orders in Alabama are designed to help prevent parents from arguing over custody issues. They can be part of a court order or divorce petition and serve as a method of recourse if one parent fails to adhere to the custody arrangement. Because temporary custody orders play such a big role in divorces throughout Alabama, including Birmingham, it is always a good idea for both parties in a divorce to understand them and how they work.
What is the Purpose of a Temporary Custody Order?
Like many other states, the divorce process in Alabama can be quite lengthy and may run into a handful of roadblocks and issues to resolve. For example, if a spouse decides to contest anything during the split, like how property will be split, can add months to the process. Not only do temporary custody orders ensure a child(ren) is cared for during the divorce, but the temporary orders are also used to help determine who will make decisions for the children and how visitations will take place during the pending divorce.
Temporary custody orders play a big role in permanent custody arrangements, as well. In fact, many family law judges will look at how well a temporary custody order worked or didn’t work, to determine what will be part of the permanent custody order. If a temporary custody order worked well for a family, a judge may be less likely to alter the temporary conditions while establishing the permanent order. Additionally, judges and family courts prefer to keep any stability in a child’s routine if it is in the best interest of the child, so it is rare for a judge to make significant changes to a temporary custody order if that order was working for the family. Because these temporary orders can influence the permanent order, it is important for parents to understand the lasting effects.
Can Temporary Custody Orders Be Used in Non-Divorce Cases?
The short answer is yes, temporary custody orders can be used in non-divorce cases. In addition to pending divorce cases, these temporary orders are sometimes used when a parent must undergo medical treatment that requires a long stay in the hospital or rehabilitation if a parent is imprisoned or deported to another country, is a parent is deployed for military service, or if a parent is experiencing financial troubles making it difficult to care for their child.
If you’re going through a divorce and think a temporary custody order may help your family, contact an experienced Alabama family law attorney. They specialize in helping families like yours determine the best course of action where child custody is involved.
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