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On Behalf of | Jun 28, 2018 | Uncategorized |


Many parents going through divorce in New Jersey consider finding a viable child custody agreement priority number one. However, most individuals do not consider striking a temporary child custody agreement before the divorce is finalized. This can be extremely beneficial for families as divorce proceedings have the potential to carry on for many months or even multiple years. Time does not stand still while you and your co-parent are resolving your divorce, and laying out a concrete parenting plan for your children in the interim can make the entire process much smoother for the family.

Today, our child custody attorneys will discuss temporary child custody agreements, how they can be reached, what terms may be involved, and more.

Temporary Child Custody Agreements Morris County, NJ

Temporary child custody agreements are common, though not always necessary for co-parents during a divorce. It is important to understand that it is possible for our Morris County child custody attorneys to help you and your co-parent draft an enforceable temporary agreement without formal litigation. In fact, the New Jersey Family Courts are fully supportive of co-parents who choose to resolve their child custody issues outside the courtroom. Your temporary, or pendente lite child custody agreement may be reached through any of the following methods:

Negotiation and collaboration – as mentioned above, it is often possible to work together to draft a legal temporary child custody agreement with the help of a qualified divorce attorney.

Mediation – similarly, some couples choose to work with a mediator or mediation attorney to resolve their custody disputes.

Temporary child custody hearing – it is also possible to petition the family courts to rule on fair and reasonable child custody terms during your divorce proceedings.

Chatham Child Custody Attorneys Draft Temporary Custody Agreements

As long as you work closely with a Chatham child custody attorney to draft your temporary agreement, it should be enforceable until your divorce is finalized. However, many parents hesitate to draft such an agreement for fear that the terms will have an impact on their eventual child custody agreement as part of their divorce settlement agreement. With this in mind, there are a few important things to understand about temporary agreements as they pertain to your overall divorce process:

  • Temporary child custody agreements do NOT necessarily carry over to your eventual agreement, and the two will be considered separately
  • However, both “permanent” and temporary custody agreements are determined using similar criteria focusing on the best needs of the child
  • If you are unhappy with the terms or conditions of your temporary custody agreement, you can use this time to demonstrate your fitness as a parent or to make necessary changes. Such changes might include finding a more suitable place to live, better employment, and more

While temporary agreements will eventually give way to your divorce settlement agreement, they are to be taken very seriously. Not only might your agreement be in effect for months or even years, but due to the human element, it may also have an impact on the terms of your overall divorce.

Considering a Temporary Child Custody Agreement? Contact our Morristown, NJ Divorce Lawyers Today

The divorce attorneys of Laufer, Dalena, Cadicina, Jensen & Bradley believe in protecting the legal rights of our clients throughout Morris County towns such as Morristown, Chester, Harding, Chatham, Morris Plains, Mendham, Morris Township, and all of Northern New Jersey. We are proud to have attorneys consistently named to the Thomson Reuters Super Lawyers list in New Jersey for family law. Our firm is built on the foundation of offering top quality, ethical, and highly personalized legal solutions to our clients and their families throughout the family law legal process.

To learn more about temporary child custody agreements during divorce, please contact us online or call our Morristown offices today at 973-975-4043 for a free and confidential consultation.



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