When parents’ divorce, the child’s best interests are first and foremost, which may or may not include shared legal custody as the divorce proceeds. Because children of divorce must have someone to make decisions on their behalf during the process, one parent may agree to give up legal custody in the short term to keep the divorce proceeding moving, or the court might order temporary legal custody to one parent if conflict between the parents jeopardizes the well-being of the children.
Temporary Child Custody Orders Can Become Permanent
On the one hand, temporary orders work well during the divorce and are just that, “temporary.” Temporary orders for child or spousal support, injunctive relief, or attorney’s fees, for example, can be easily modified or rescinded by the court as the case proceeds to settlement and terminate when the matter concludes. However, temporary orders for legal custody can influence the final child custody determination simply because history is being made as the divorce proceeds over what can stretch into months. What was temporary can now become permanent.
After all, in the judge’s eyes, what worked well as a temporary arrangement might just be in the child’s best interest moving forward. When making a child custody determination, the court has to rely on factors such as whether parents can agree, who has made decisions on behalf of the children in the past, and any prior agreements the parents have made. Temporary child custody agreements entered into during the divorce has all the elements – an arrangement both parents agreed to, with one parent calling the shots, an agreement legally entered into. What was supposed to be a temporary arrangement may result in a more favorable outcome for one parent that the other parent never saw coming.
Contact an Experienced Wisconsin Child Custody Lawyer for Help
If you are involved in a child custody dispute, it is important to work with an experienced family law attorney to be able to resolve the custody dispute quickly. Contact our Wisconsin child custody law attorneys at Probst Law Offices for immediate help at 414-210-3135.