I have questions about temporary custodial

UPDATED: Oct 1, 2022

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I have questions about temporary custodial

I want to know the difference between
temporary custody and full custody I can
explain more but I need an answer first

Asked on September 29, 2018 under Family Law, Massachusetts


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I think you mean temporary versus permanent custody. Temporary custody occurs when a parent begins either the divorce process or a custody lawsuit. Temporary orders are put in place by the court until it issues more permanent orders. They makes certain that children have contact with both parents and they set a visitation schedule. These orders typically contain language stating that they are only valid until the court issues a permanent order. If the children are well-cared for and happy during this time, a judge generally does not change the custodial arrangement when issuing the permanent order. When a divorce is final, the decree includes custody provisions. In custody lawsuits (that are not part of a divorce), the court issues a permanent order when it makes its final decision. During the divorce or custody trial the parent with temporary custody can argue that there’s no reason to remove the children from that environment; the non-custodial parent has the burden of proof to convince the court that the children would do better if they were moved to their home. However, this can be an uphill battle. As a practical matter, after a court issues a permanent custody order its terms go on indefinitely. While this doesn’t mean that the terms can never be changed, something significant would have to occur to warrant a modification.

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