What Happens to My Children Before Divorce Is Final?

custodyDuring the divorce process, life may become quite complicated, particularly when there are children involved and a spouse moves out of the family home. There are questions regarding who they will live with, when you will see them, and how these decisions are made.

For these questions, there is a process the court provides to address them. You may file for a temporary custody order, requesting either full custody or joint custody and a set visitation schedule. The judge will ultimately decide what situation would serve the best interests of your children, taking some of the following factors into consideration:

  • Which parent is more available to dedicate time to caring for the children?
  • With whom do the children have a close emotional bond?
  • Which household would provide a more stable environment, close to school and familiar sources of support?

Requesting a temporary custody order will also help set the groundwork for your new familial situation once the divorce is finalized, and slowly ease the children into this adjustment. Often, a judge will try to maintain the status quo in the children’s lives and, as such, may favor the parent remaining in the family home when deciding who the children will live with. However, this is not always the case since maintaining the status quo might not always be the solution to serving the best interests and needs of the children.

The process of divorce is undoubtedly a difficult and emotional time, especially when there are children in the middle of what may sometimes be a heated legal battle. Finalizing a divorce can take years and, in the meantime, you do not want you or your children to live in uncertainty over how life will continue. Chung & Ignacio, LLP are experienced in matters of divorce and custody rulings. We can help guide you through the law and work on achieving a viable custody solution. Call us for a free consultation at (909) 726-7112.