Research has shown that divorce can have serious and long-term impacts on children, from mental health issues to behavioral problems. Prolonged custody battles in which children witness their parents fighting over them can make matters even worse.
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Temporary custody is one tool the court offers that provides for emergency or short-term situations. The goal is to prioritize the well-being of the child as quickly as possible before finalizing a permanent solution.
What happens after temporary custody is granted? While temporary custody can create a sort of template for a permanent custody plan, this isn’t always the case.
Read on to learn more about temporary custody and what comes next.
What is Temporary Custody?
As the name suggests, temporary custody provides a short-term court order granting either on parent, or both parents, custody until the parents are able to reach a permanent custody agreement. In contrast to creating a parenting plan for long-term use, the court can grant temporary custody quickly. Let’s take a look at some frequently asked questions about temporary custody orders in Nebraska.
Temporary Custody vs Emergency (Ex Parte) Custody
Emergency custody orders, or Ex Parte Orders, offer a quick solution to the issue of child custody. These are issued when the minor child’s is facing by an immediate threat to their well-being. Examples may include:
- Physical, sexual, or verbal abuse;
- Drug or alcohol abuse by the guardian;
- Significant financial hardship;
- Abduction;
- Incarceration of the guardian;
If your child is facing danger, undue hardship, or neglect due to the current guardian’s behavior or circumstances, you will want to file an emergency custody order.
When is Temporary Custody Used?
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Temporary custody can involve biological parents as well as other adults, such as grandparents, aunts and uncles, or trusted friends. Temporary custody is commonly used during divorce and custody proceedings when parents have not yet finalized their parenting plan agreements.
The purpose of temporary custody is not to antagonize one or both parents; but rather to provide a set of rules and obligations for the parents or guardians to follow to help ensure stability for the minor child until the legal process has been completed and there are final orders in place.
How Long Does Temporary Custody Last?
There is no one-size-fits-all answer to this question. It all comes down to how long it takes for the parties to agree on a parenting plan or for the final divorce decree or custody order to be entered.
For parents who are generally on the same page, this process may not take long. If one parent refuses to come to an agreement or disputes the proposed plan, the process can take much longer.
What Happens After Temporary Custody Is Granted?
Let’s say the court approved a temporary custody order and one person, whether that’s you, your former spouse, or another party, has custody for the foreseeable future. Now what happens? Let’s take a look at what to expect after a temporary custody order is approved by the court.
Temporary Custody Rights and Obligations
In many ways, temporary custody mirrors permanent custody plans. A temporary custody order will include specifications regarding:
- Child support to be paid to the temporary custodian;
- Legal custody (decision-making);
- Physical custody (possession of the minor child);
- Education (including the custodian’s commitment to get the child to school and the custodian’s right to make education-related decisions);
- Visitation for non-custodial parents; and
- Communication with the minor child.
Temporary custody orders also include court ordered compliance. This means the parties to the action must follow the terms listed in the temporary custody order. Failing to do so could have a negative impact on their future custodial status or result in contempt of court proceedings.
Hiring a Family Law Attorney
If you didn’t hire a family law attorney before, now is the time. Temporary custody can reveal some of the problems that may arise in the future. For example, you may discover that your former spouse isn’t honoring your visitation rights.
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Even if things seem amicable, the issue of child custody can lead to disagreements. Many divorcing couples find that establishing custody is much more emotional than splitting property and assets.
An attorney can bring level-headedness and legal expertise to the situation. The goal isn’t to draw out the process. It’s to defend your rights and make sure your client’s best interests are being served.
Mediation
Some parents are able to create a parenting plan that the court approves without much difficulty. This may occur when one parent is clearly unfit or surrenders custody. Or, it may occur when the divorce is amicable and shared custody is easy to manage.
In Nebraska, many counties require the parties attempt mediation in an effort to create a parenting plan that will outline each parties’ rights and obligations as it relates to the minor child. The purpose of mediation is for both sides to come together to discuss what is best for their child. These conversations will consider topics like:
- Each parent’s historical role as a caregiver and decision-maker for the minor child;
- Each parent’s living situation;
- Each parent’s financial stability;
- Each parent’s proximity to things like the child’s school, family, and doctor’s office; and
- The emotional support each parent is able to provide.
This may sound like a straightforward process, but it’s useful to have an attorney who is familiar with custody laws to assist you in your mediation efforts. In some cases, attorneys may be present for the mediation sessions, but many times, it’s just the parents and the mediator so you want to be prepared and educated about the process before you get started. One or both parents may feel strongly that they have a better emotional bond with the child. An experienced attorney can consider all elements of child custody to help create a strong argument in favor of your child’s best interests.
Do All Custody Cases Go to Trial?
Under Nebraska law, if parents can’t reach a consensus on the terms of a parenting plan, either through mediation or through negotiations themselves or through their attorneys, then issues must be decided by a judge after conducting a trial. At trial, each parent (or their attorney) can present testimony and evidence in support of their argument for custody to the judge.
Going to trial, in many ways, takes the decision out of your hands. Strong documentation to support your argument can help, but the final decision is ultimately up to the judge and the parties will have to comply with whatever the judge determines to be in the best interest of the minor child. Fortunately, a great majority of cases involving custody disputes are able to be settled without the necessity of trial.
Call Husker Law for Representation in Nebraska Child Custody Cases
At Husker Law, divorce and family law are what we specialize in to help provide our clients with the highest level of representation during these often difficult and emotional times.
Do you need to hire a lawyer for your situation? We’re here to help. Schedule a consultation by calling us at (402) 415-2525 or by reaching out online today!
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