Temporary Child Custody

Wayne NJ Child Custody LawyersTime does not stand still during a divorce. For parents, this may lead to a difficult transition period before a permanent child custody agreement can be signed. Temporary child custody in New Jersey can sometimes be amicably arranged outside of the courtroom between spouses. For those who are not in agreement or even for those who simply wish to have a formal temporary child custody order, our firm is here to help. Today, we will discuss how to motion for temporary child custody, what considerations go into temporary child custody hearings, and what carryover the court decision might have on permanent child custody orders.

Passaic County, NJ Child Custody Attorneys File Motion for Temporary Child Custody

As mentioned in the topic introduction, some families are able to navigate divorce proceedings without legal intervention. Our Passaic County divorce attorneys also understand that in many cases, even parents on good terms require a well structured temporary child custody agreement. In order to begin the legal process, our attorney will file a motion for temporary child custody. This is typically done at the beginning of divorce proceedings and is filed with other associated paperwork.

New Jersey Family Court will receive the motion and schedule a temporary child custody hearing. The results of your temporary child custody hearing will hold power until your divorce is finalized. In most cases, one parent will be granted sole custody with the other parent having appropriate parenting time. Shared custody is also available, but is more complex by nature and not as commonly granted within temporary child custody.

Paterson Temporary Child Custody Lawyers Discuss Temporary Child Custody Hearings

Temporary child custody hearings will take the overall situation of each parent into account before a judge issues a decision. It is important to note that the parent who motions for a temporary child custody hearing will be treated equally as the other parent. The motion itself is merely an action to set a hearing date and have your case heard before a judge. Courts will consider the following:

  • The best interests of the child. This is a vague consideration, but it is the stated goal of the New Jersey Family Court system to look after the needs of children first and foremost
  • The current situation of each parent. This can include their living situation (owning or renting, convenience of location), their mental health, emotional state, and more
  • Financial ability of each parent to care for the child
  • Which parent has historically been the primary caretaker for the child. Keeping children in their usual family home may also be given preference

Impact of Temporary Child Custody on Permanent Child Custody in New Jersey

The courts will consider permanent and temporary child custody terms separately in New Jersey. There is no formal weight given to the terms of your temporary child custody agreement. With that in mind, here are a few parting thoughts when it comes to temporary child custody vs. permanent child custody.

  • If you have been granted temporary child custody or temporary parenting time, that is an opportunity to show your fitness as a parent and capability of caring for you children as an individual
  • Conversely, negative actions by either parent during the period of temporary child custody may be considered during permanent child custody hearings
  • If you are unhappy with the terms of your temporary child custody agreement, take the opportunity to improve your standing. For example, if your living situation was cited as a negative, seek better accommodations. In many ways, temporary custody hearings an insight into what you may encounter when it comes to permanent child custody

Contact our Woodland Park Temporary Child Custody Attorneys Today

The divorce and child custody attorneys of The Montanari Law Group understand that for our clients going through divorce, waiting months or even years to work out complex issues such as child custody, child support, or alimony may not be a viable option. We take pride in negotiation pendente lite, temporary child custody agreements for out clients across Passaic County towns including Paterson, Wayne, West Milford, Clifton, Little Falls, Woodland Park, and all of New Jersey. Lean on our firm’s extensive experience and knowledge of state laws to see you through the child custody process from beginning to end.

Contact us online or through our Little Falls office by calling (973) 233-4396 today for a free and confidential consultation with a member of our qualified legal staff regarding your child custody, divorce, or any family law matter.


To speak with one of our highly knowledgeable attorneys, contact us today at (973)-233-4396 or toll-free at (888)-877-7985. You can also complete the form below to begin your conversation. We are a personalized, boutique-style law firm that offers free initial consultations and flexible appointment options.