Draft a Temporary Custody Agreement Effortlessly

Standardized Legal Documents Draft a Temporary Custody Agreement Effortlessly

A Rundown on the Temporary Custody Agreement

Family-related legal procedures are often emotional and stressful, especially when they involve children. To protect your family in such situations, you must regulate the relationship with your partner in the best possible way. 

Signing a temporary custody agreement is the easiest way to properly share parental responsibilities and ensure the appropriate care for your child. In this article, we will explain the purpose of this contract and show you how to create one. You will also learn to avoid unsuccessful drafts and costly lawyers and write your legal documents fuss-free!

Temporary Custody Agreement in a Nutshell

A temporary custody agreement helps the parents define guardianship rights until the court rules on a permanent decision. This contract can also help a parent transfer their custodial rights to the other parent or another person if necessary. 

The parties sign a document determining the specific child care terms and conditions during the temporary custody period. The agreement expires when the court finalizes a permanent custody order or when the custodial parent can take care of the child again.

When Do You Need a Temporary Custody Agreement?

Divorce and separation aren’t the only situations when parents should make a temporary custody agreement. The following table shows other common reasons for transferring custody rights to another parent or guardian:

ReasonExplanation
Health issuesA parent who has sole custody needs extended care or must stay in the hospital due to health problems
IncarcerationA custodial parent must spend a certain period in jail
Physical absenceA parent who has custody must leave the state for a certain period due to:

  • Work
  • Military service
  • Any other circumstance that requires leaving the current location
Financial problemsA custodial parent doesn’t have enough money to raise their child
DeportationA custodial parent was deported and can’t come back to the country where their child is

What Provisions Does Your Temporary Guardianship Agreement Require?

A temporary guardianship agreement should contain the same provisions as the permanent custody agreement, and it must be clear and concise. You don’t want to leave room for ambiguities and misunderstandings. The more information it includes, the better.

Below is the list showing the recommended agreement structure you should follow:

  1. Information about parents and children
    • Full legal names
    • Birth dates
    • Optional contact details of both parents/guardians
  2. Temporary custody duration—a start and end date
  3. Visitation schedule details, including:
    • Weekly schedule
    • Holiday schedule
    • Special occasions
  4. Physical custody details
  5. Legal custody details
  6. Responsibilities and obligations of each party
    • Health care
    • Decisions related to education and religion
    • Extracurricular activities
    • Co-parenting and communication between parents
  7. Potential agreement alterations

These are the essential sections, but you can add other provisions you consider important.

Is Temporary Custody Agreement Legally Binding?

The signatures of the concerned parties aren’t enough to make a temporary custody agreement valid. It must be notarized to become legally binding. 

Discover DoNotPay’s Modifiable Legal Templates

Paying an attorney to compose your contract may be the most convenient option, but it’s also the most expensive one. If you aren’t familiar with how legal documents work but want to be on the safe side, choose DoNotPay and let us generate your contract in a flash!

The secret lies in our user-friendly app turning a customizable template into a perfectly drafted agreement! Answer our chatbot’s questions about the info you want to include in your document, and we will draw it up in your stead!

To get your personalized contract, follow these steps:

  1. Visit DoNotPay in your preferred web browser
  2. Find the template you need by entering the keywords in the search box
  3. Provide us with the info you want to add to your document
  4. Access your personalized document and download it

After downloading your contract, you can use our app to have it notarized and fax it with zero hassle! Our award-winning app will help you book a video appointment with an online notary and obtain a notary’s signature fast. 

Here are the templates we offer:

Learn About Other Legal Documents With DoNotPay

The contract you need is not on our list? No worries—our template collection keeps growing day by day! In the meantime, you can learn more about other agreements from our knowledge base. Visit DoNotPay and discover amazing articles about the:

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