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:
|Health issues||A parent who has sole custody needs extended care or must stay in the hospital due to health problems|
|Incarceration||A custodial parent must spend a certain period in jail|
|Physical absence||A parent who has custody must leave the state for a certain period due to:
|Financial problems||A custodial parent doesn’t have enough money to raise their child|
|Deportation||A 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:
- Information about parents and children
- Full legal names
- Birth dates
- Optional contact details of both parents/guardians
- Temporary custody duration—a start and end date
- Visitation schedule details, including:
- Weekly schedule
- Holiday schedule
- Special occasions
- Physical custody details
- Legal custody details
- Responsibilities and obligations of each party
- Health care
- Decisions related to education and religion
- Extracurricular activities
- Co-parenting and communication between parents
- 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.
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