Temporary Child Custody in Panama
When parent split up or file for
divorce, one of the most important issues will be determining where the children
will live and with whom.
Child custody can easily be one of the most emotionally difficult issues for parents
to address in a divorce, particularly when parents disagree on where the
children should live. Because children need consistency, the courts will
often resolve child custody on a temporary basis. When child custody is
being contested, the courts will generally hold a temporary child custody hearing.
If the parents cannot come to an agreement about child custody, a judge
may enter a temporary child custody order. The parents will be expected
to present evidence that demonstrates the best interests of the children,
and they will do this at the temporary relief hearing.
Parents are familiar with the terms temporary and permanent child custody;
however, many parents aren't aware of the fact that a temporary child
custody arrangement frequently becomes permanent. Although people have
traditionally used the terms "physical custody" and "legal
custody", the state of Florida actually refers to them as timesharing
and parental responsibility.
It's apparent that temporary custody is supposed to be a short-term
arrangement, whereas permanent custody is for the long-term, but this
can be misleading for some. When it comes to family court, temporary custody
rarely means what the name implies. Attorneys who handle child custody
cases are well-aware of the fact that when it comes to child custody cases,
temporary child custody almost always leads to permanent custody.
Importance of Temporary Custody
When parents file for divorce, it's common for the courts to award
one parent temporary custody of the children until the divorce is finalized.
In such cases one parent assumes legal and physical responsibility for
the children for an indefinite period of time, and the other parent is granted
visitation rights. However, what parents may not realize is that temporary custody
gives the custodial parent an advantage over the other parent and it helps
them in eventually winning permanent child custody.
When one parent wins temporary child custody, it gives him or her opportunity
to provide a stable environment for the children and do a good job caring
for them. Assuming that parent is successful and the children are well
cared for, at the final custody hearing that parent can prove to the judge
that the children are thriving in his or her care. If the parent is successful,
it will be much more difficult for the other parent to convince the court
otherwise. While courts may not like to admit that permanent custody isn't
influenced by temporary custody, in reality courts are hesitant to change
a child's environment if they are thriving and doing well in the one
they are in.
Abiding by the Court in a Temporary Custody Situation
The state of Florida is focused on making child custody decisions based
on what is in the best interests of the child. What's more, assuming
that both parents are fit to raise the child and in the absence of substance
abuse, mental illness, and domestic violence, the courts enthusiastically
encourage both parents to play an active role in the child's life.
That said, when temporary custody is awarded to one parent for any reason,
it's very important that the parent who wins temporary custody follow
all court directions in regards to the other parent's visitation rights.
This shows the court that the custodial parent is being cooperative and
that he or she is willing to allow the other parent to participate in
the child's life. On the other hand, if the parent with temporary
custody is unwilling to follow the court's orders and prevents the
other parent from exercising his or her visitation rights, then these
actions can negatively influence a judge's opinion and ultimately
influence a change in custody.
If you are seeking custody of your children, it's not a good idea to
move out of your home and leave your children with the other parent. This
is referred to as
de facto custody, which typically leads to temporary custody, and ultimately permanent custody.
When one parent has
de facto custody, then the other parent generally has only the temporary custody hearing
to challenge the
de facto custody before the permanent custody hearing. When the non-custodial parent
waits until the permanent custody hearing to request a change, the court
is generally reluctant to challenge the
de facto custody.
Other Reasons for Temporary Child Custody
Aside from child custody disputes, there are other reasons why a parent
would want to consider a temporary child custody arrangement. This temporary
custody arrangement could be with the other parent, a grandparent, a friend,
or an extended family member. Some common reasons for a temporary child
custody arrangement include: separation or divorce, lack of financial
resources to care for the child,
domestic violence, illness or hospitalization, or an unusual work schedule.
To learn more about temporary and permanent child custody, please contact
a Panama City child custody attorney from
The Seaton Law Offices, P.A. Should you need assistance with your child custody matter, you can be
confident that your case will be in good hands, and we will look out for
your best interests from start to finish.