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Who usually gets granted temporary custody of children?

Reading, PA |

We both divide childcare pretty evenly, but will be separated during the divorce process. I will likely be staying our house, so will the judge side with the status quo?

Attorney Answers 2

  1. The court will consider a number of factors in deciding custody, with an emphasis on providing safe, stable and nurturing environments for the children. But remember that you and the father are able to work out an agreement on your own. If the "status quo" is working well for the children and both parents, then you can enter an agreed order with the schedule and conditions that you both want. Of course, it is assumed that the agreement is reasonable and that both parents are able to properly care for the children. An experienced family lawyer can help guide you through the process and draft an agreement for you should you be able to resolve the custody arrangements with the father. Otherwise, your attorney would be able to represent you and present your position to the court. I recommend that you consult a family law attorney and discuss your case in more detail. If you are unable to afford an attorney, contact Legal Aid (Midpenn Legal Services) to see if you qualify for their services.

  2. The status quo is one factor that the court may look at, however, the court will take a look at many factors and will enter an order based on what the court deems to be in the best interest of the children.

    As the previous post mentioned, it would be best if you consulted with a family law attorney. Many more facts are needed to be able to provide any accurate advice.

    Justin C. Gearty Jr., Esquire
    Phone: 717-490-6325

    This post is for educational purposes only and does not create an attorney-client relationship.

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