Seeking temporary child custody in Kentucky

Sometimes getting a divorce is a lengthy process. In these situations, a parent may seek a temporary child custody order. There are other situations in which a temporary child custody order may be necessary, even if a child's parents are unmarried but are in the process of seeking permanent custody of their child.

Courts can award a parent temporary custody of the child which is often decided based upon the best interests of the child. In order to determine the best interests of the child, the court may take into consideration the child's current adjustment to their home, what the child desires and the status of their relationship with each of their parents, as well as other factors.

A motion for temporary child custody must be accompanied by an affidavit. Under Kentucky statutes, this affidavit should lay out the facts surrounding the request as well as provide the other parent with notification of the motion. The other parent has the right to file an opposing affidavit if they wish.

In the event that a court dismisses a proceeding for a legal separation or a divorce, any temporary child custody orders made in the interim will be vacated. However, if a parent can show that the under the surrounding circumstances it is in the best interests of the child that a custody order be issued, the court may do so. Similarly, if the temporary custody order was made during a child custody proceeding for unmarried parents, a dismissal of the child custody proceeding will also result in temporary custody order being vacated.

It can be very important, at times, for parents to seek a temporary child custody order in order to provide stability to a child's life until a permanent order can be made. With the right help, parents can seek temporary custody if it passes the best interests of the child standard.