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Who Gets Custody of the Kids During Divorce Proceedings? September 20, 2019

Harrison, Boone
Who Gets Custody of the Kids During Divorce Proceedings?, Harrison, Arkansas

When going through a divorce that involves children, the biggest concern is custody. The best interests of the kids are the top priority for parents, their lawyers, and the court. This not only applies to custody orders put into place once the marriage has been terminated but also during the proceedings. Some divorces can take several months or longer to finalize. If you and your spouse are separated and living apart, a temporary custody and visitation schedule will need to be arranged. Here’s an overview of how custody is determined while a divorce is pending.

How Is Temporary Child Custody Established?

Agree to a Custody Arrangement With Your Spouse

If possible, it’s preferable for you and your spouse to come to an agreement on where the kids will live as the other details of your divorce are being worked out. In most cases, it’s considered to be in the children’s best interest if they continue to maintain a relationship with both parents. Keeping control of this decision yourselves will allow you to make an arrangement that’s suitable for everyone’s schedule, and it can help your kids cope better with the situation.

Request a Court Order

lawyers-Boone-County-ARIn the event that you’re not able to agree on terms for temporary custody, your lawyer can help you file a Request for Order with the court. This means the court will step in to decide what arrangement they feel is in the best interest of the children. They will consider evidence and arguments presented by each party as well as various additional factors. These include the distance from both parent’s homes to the children’s school, which parent was the primary caregiver before the separation, the amount of time each parent has to spend with the kids, and any previous history of substance or domestic abuse. Then, a temporary order will be granted until a permanent arrangement is made.


Temporary custody is just one of many issues you’ll need guidance with as you navigate the complexities of divorce. The lawyers at Watson Law Firm of Harrison are prepared to represent you through all aspects of the process. They offer the residents of Boone County, AR, extensive knowledge and experience in family law and understand which strategies are most effective for protecting parental rights. Call (870) 704-4037 to set up a consultation with a skilled lawyer, or visit them online for more information on how they can help you manage this difficult time.

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