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A temporary child custody order may be obtained during separation

California couples who have come to the conclusion that their marriages are beyond saving may decide to live separately while divorce proceedings are pending. Such a separation brings about many changes, and certain issues have to be addressed immediately. Matters that cannot be put off until the divorce hearing commonly include child custody, along with spousal and child support, and decisions concerning who will use the car and the family home. It may be comforting to learn that temporary orders to address such issues until formal court orders are issued may be obtained.

It may be wise to retain the services of an experienced family law attorney to provide guidance on the procedures and documentation required when requesting a temporary child custody order. Couples who fail to agree on child custody issues may benefit from mediation in order to reach agreements for the purposes of the temporary order. Any such agreement has to be mutual and should bear the signatures of both parents.

The party seeking child custody may be wise to apply for a temporary order as soon as the separation takes place. There have been cases in which one parent who disagrees with the other parent taking the children files a kidnapping claim against the parent who takes the children. However, when a temporary child custody order is in place, such a situation can be avoided.

A temporary court order may also play a significant role in the eventual decisions made at the formal divorce hearing. This makes the advice and support of a lawyer who will inform the parent of the applicable California laws related to temporary child custody orders very important. A family law attorney will be aware of important timelines for filing such requests and will assist with preparing and filing the required documents.

Source: FindLaw, "Family Court Decisions: Temporary Orders", Accessed on Feb. 20, 2015

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Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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