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Temporary child custody agreements

Parents in Texas who file for divorce may request a temporary hearing shortly after the case is filed so that major issues like temporary child custody and support can be decided. A parent may also consider granting temporary custody to another person if they are temporarily unable to care for a child due to an illness or difficult financial circumstances.

A parent can grant temporary custody of their child to another person without giving up their parental rights. In a divorce case, a parent who is not awarded temporary custody is usually granted liberal visitation.

In any custody case, a judge will consider the best interests of the child to be the most important factor. Judges recognize that it is in a child's best interest to spend a lot of time with each parent unless there is a serious problem that presents a risk to the child's welfare such as substance abuse, domestic violence or a history of parental neglect.

A parent who voluntarily allows another person to have temporary child custody can choose to limit the duration of the custody arrangement. Orders regarding temporary child custody usually also contain provisions regarding child support.

An attorney experienced in child custody litigation may be able to help parents who are going through a divorce prepare for a temporary child custody hearing. Temporary custody hearings are often short because the temporary order is only meant to last until a final decree is entered. An attorney may be able to help clients make the most of the limited time.

Attorneys may also be able to help parents who want to voluntarily allow a relative to care for their child. Relatives of a child may also seek legal advice about obtaining a temporary guardianship. Cases might be settled with the understanding that the parent may obtain full custody again when they are in a better position to care for their child.

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