Temporary Child Custody Orders
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 Custody Lawyer from Plog & Stein P.C.
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.