Temporary Child Custody Orders

Divorce Attorneys Assisting People in Denver and Surrounding Areas

If you are going through a divorce with minor children, the question of custody will inevitably come up. In most cases, parents want to set up temporary custody arrangements for their children while the divorce and final custody arrangement are being worked out. At Plog & Stein, P.C., our Denver child custody attorneys understand how to navigate this complex and often emotionally charged area of law. With over 70 years of combined legal experience, we will advocate for your positions regarding child custody and the best interest of your child. In both divorce and stand-alone child custody cases, statute authorizes either side to seek temporary arrangements regarding custody while the case is pending. Generally, temporary orders will entail allocating visitation time and legal custody regarding the making of major decisions between the two parents.

Establishing a Temporary Custody Arrangement in Colorado

There is a legal presumption in Colorado that ongoing and frequent contact with both parents serves the child’s best interest. The best interest of the child standard gives a judge broad discretion to examine any factor that may be relevant to a child’s health, safety, or overall well-being. The following are a few examples of factors that a judge may consider:

  • The child’s wishes;
  • The age of the child;
  • The relationship of the child’s parents;
  • The practicality of the current living situation;
  • The child’s adjustment to their current home, school, and community;
  • The emotional bond between the child and each parent;
  • The parents’ relationship with each other; and
  • Any history of domestic violence.

When it comes to the early stages of divorce or allocation of parental responsibilities cases, one or both sides may need court intervention to make sure a proper division of parenting time or decision-making is in place. In some cases, a parent may wish to maintain the status quo in terms of their time and involvement with the children. In others, physical separation between the parents may lead to one parent preventing the other from having any time with the children at all. If the parents are unable to agree to temporary custody arrangements, courts will readily authorize a hearing to get orders in place. While some courts will require the filing of a motion for temporary orders, most will just authorize the hearing at the initial status conference.

Some judges will allow people to make arguments for temporary parenting time at that initial status conference, thereby allaying the need for a formal temporary orders hearing. Likewise, some cases entail emergency child custody situations in which orders need to be entered quickly to prevent danger to a child, or perhaps parental abduction, such as when one parent intends to flee the state, with the children.

Though C.R.S. 14-10-108 indicates that temporary orders regarding child custody shall not be prejudicial regarding the final custody determinations, it is our experience that establishing a good temporary parenting plan can, in fact, impact the final outcome in a divorce or child custody case.

Get Assistance from a Child Custody Lawyer in Denver

If you are seeking temporary custody rights of your child, you need to reach out to a skilled Denver divorce lawyer who can help. At Plog & Stein, P.C., we are committed to providing personalized and detail-oriented representation to each of our clients in these sensitive matters. If you retain our firm, you will get the trustworthy legal advice that you need at every step of the way. Our attorneys proudly represent people in cities such as Denver, Aurora, Centennial, Highlands Ranch, and Castle Rock, as well as throughout Denver, Douglas, and Arapahoe Counties. To discuss a situation involving temporary custody, call us at 303-781-0322 or contact us online.

Client Reviews
★★★★★
His passion and ferocity kept me going through this long ordeal.
When I first came to Plog & Stein it was simply discuss the renegotiation of child support. Little did I know that within 72 hours I would be retaining Steve Plog for a custody battle. His passion and ferocity kept me going through this long ordeal. I have recommended him to my friends and I would recommend him to anyone with who wants honest and effective representation.
★★★★★
I recommend Sarah and the attorneys at Plog & Stein to anyone that has these types of family issues and need strong, knowledgeable representation.
I am thankful for the job Sarah McCain did for me in my fight with my ex-wife for visitation rights with my daughter. Sarah and the team at Plog & Stein handled my case in an efficient, affordable, and professional manner. Sarah negotiated a new parenting plan as well as acceptable visiting rights and even a favorable modification in my child support. I recommend Sarah and the attorneys at Plog & Stein to anyone that has these types of family issues and need strong, knowledgeable representation.
Tom
★★★★★
At the end of the day he was able to produce a settlement that was fair to both parties.
I highly recommend Stephen Plog for anyone in need of a top notch domestic relations attorney. After a 27 year marriage, Stephen represented me in a complicated and sometimes bitter divorce with many unique challenges. At the end of the day he was able to produce a settlement that was fair to both parties but limited my alimony payments to only 3 years. He is smart, cuts to the chase, knows the court system in the Denver metropolitan area and can be trusted to get his clients the best possible settlement.
Neal
★★★★★
Their service was outstanding, with prompt responses to all of my questions.
Sarah McCain and Plog & Stein were wonderful to me during such a difficult time in my life. Their service was outstanding, with prompt responses to all of my questions and creative ideas throughout the proceedings to help things go smoothly. Sarah's compassion, patience, and expertise were especially invaluable to me. I highly recommend them.
Sandy