The Complete Guide to Temporary Custody Agreement PDFs

A Brief Explanation of Temporary Custody Agreements

A temporary custody agreement acts as a placeholder in the hierarchy of parental decision-making. At the beginning of a case regarding paternity, divorce or separation, the court may enter an ex parte order called a temporary order. The temporary order establishes rules that all parties must follow until the judge has had sufficient opportunity to hear the evidence and issue a final order.
It is also common for parents who are not yet embroiled in litigation to seek out temporary custody orders. Parents who are separated and living in different homes may wish to have legal custody of their children allocated by the court. A temporary custody agreement governs the parents in the interim until a final order can be entered.
Typically, a party seeking a temporary custody agreement will go to the courthouse on an emergency basis. The local clerk’s office may give the party the paperwork necessary to petition the court. Mailed physical copies , or even online filed forms, may also exist.
The forms are generally straightforward and helpful to train the parties on how to ask the court for a temporary order. The vast majority of petitions will contain the following items:
In general, a custody order is effective as of the date it is signed. Even temporary orders will be binding if they are properly served on the other parent.
Temporary orders are subject to modification, although it may be difficult to get a judge to sign the necessary order to modify a temporary order. The primary reason for this is that a judge will usually look at a final order as a modification of a temporary order.
Parties may want to seek counsel before completing a temporary custody agreement PDF. It may be beneficial to hire an attorney to help prepare the documents before submitting them to the court. An attorney can also provide instructions about when and where to file the documents.

Key Components of a Temporary Custody Agreement

When parents decide to split up whether it is through divorce or separation, one of the most difficult decisions that has to be made is, "who will have custody of the children". A temporary custody agreement is an essential part of the divorce proceedings. It enables parents to have control over the care of their children until a permanent custody arrangement is agreed upon.
As a rule, divorce actions take a long time to be resolved. When there are children involved, often times a temporary custody agreement must be signed. This document acts as a legal agreement that provides support for both parents and the child. In turn, it protects them from unnecessary fighting and hardship. A temporary custody agreement handles any problems that the child may face during the divorce proceedings. The terms of the document establish a plan that provides for the future well being of the child, but the Judge is the one who determines and approves of this process. It is essential to finalize the decision, even if it is only temporary. When this part of the divorce process is in writing, it protects all parties involved.
There are several important elements that make up a temporary custody agreement. These details are agreed upon by both parents. The purpose of these elements is to allow both parents to remain active participants in their child’s life.
The duration of the agreement is one of the most important elements of the agreement. This document is usually written by an attorney and presented to a Judge to sign and approve. Unless there is a reason to not do so, the temporary custody agreement should be for a minimum of six months. Currently, within the United States, there is no law that states that the temporary custody arrangement must take into account the length of the divorce proceedings.
The level of responsibility is another key element of the agreement. This part of the agreement discusses what the parents will be responsible for during the process.
Usually, one parent has the primary responsibility for the child. This should take place in either the home of the custodial parent or someone who does assume primary responsibility for the child. When the parents cannot agree on this issue, the judge must be involved. When parents can come to an agreement, it is no longer a judge’s decision. The length of time that the child will spend away from one parent or the other must be taken into account. Often times, there is an extensive amount of time spent at the custodian’s home when there is a separation.

How to Create a Temporary Custody Agreement

In many cases, parents will reach an informal agreement regarding the temporary custody of their children before a divorce is finalized. It should go without saying that the wellbeing of the child is the critical factor in making such decisions. While these arrangements can be drawn up without guidance from an attorney, it is always advisable to have a lawyer review the document and to provide insights on what should be included. With that in mind, here are some factors you should consider in agreements involving temporary custody:
• Identify the custodial parent—this is the individual who will have traditional responsibility for the child’s upbringing and his or her general wellbeing. This person will make most decisions related to schooling, healthcare and discipline. Additionally, the child’s primary residence will be with that parent.
• Identify the non-custodial parent—this individual will provide physical, emotional and financial support for the child. Custodial authorities will still be shared in some respects; just less often than the custodial parent.
• Involve the child—if the child is old enough, he or she should have input regarding temporary custody arrangements. A child’s viewpoint can play a large role in having a successful temporary custody agreement. Both parents should make an effort to hear the child’s thoughts on the situation.
• Pursue legal advice on the temporary custody agreement—Jacksonville attorneys who specialize in family law can help you draft a temporary custody agreement, then file it with the court. Having a written agreement protects both the parents’ interests and the stability of the child in this difficult period. It also helps the courts understand the situation.
• Be open to negotiation—parents should expect some back and forth during the negotiations of a temporary custody arrangement. Each parent has their own expectations and perceived needs, so compromise will be necessary. Patience will help both sides come together and agree on terms that work for everyone involved.
Whether or not to involve an attorney or seek legal advice in creating a temporary custody agreement is up to the parents. The terms of a temporary custody agreement may change once the divorce is finalized, but they serve as a good starting point.

Benefits of a PDF File Format

The decision to use a Temporary Custody Agreement template in the first place is a good one, but using a PDF template can provide even further advantages. A lot of people aren’t aware of the advanced benefits that come with a PDF file, which is why we’re going to cover some of the most relevant of them today.
PDF files can be very easily shared. Uploading a PDF file to Dropbox, Google Drive or other cloud storage solutions is as easy as copying it into whatever window or tab you’re currently in. This ease of use, paired with the fact that PDFs are a universal file format that can be viewed by nearly any known device, leads to an incredibly simplified sharing process. Now that you understand this basic utility, it’s important to note the more advanced aspects of file sharing.
PDF files preserve data integrity. This means that when you share your temporary custody agreement PDF, you don’t have to worry about whether or not the recipient has the correct font installed on their computer. The document will appear exactly as it was meant to be seen, no matter who views it. This is obviously very advantageous for ensuring the integrity of your agreement, but on a more basic level, it also makes the recipient feel more comfortable actually viewing the document if they don’t need to download the file in a different format first.
PDF is a universal file format. This means that even if you aren’t using Windows or Mac OS, you can still view your temporary custody agreement. Rather than creating system-specific files, which makes viewing very difficult, programming your agreement in a universally readable format makes sharing extremely easy.
PDF offers strong, reliable security. When you’re working with important documents like your temporary custody agreement, the last thing you want to worry about is the risk of someone getting their hands on the file. PDF can not only ensure that only the right people can read the document, but also that the right people can’t make changes without your consent. It’s important to stay safe here, so keep the risk to a minimum with a secure file format.

Where to Obtain a Temporary Custody Agreement PDF

There are plenty of sources online for free temporary custody agreement templates in PDF format, but not all of them are trustworthy. These are the three sources we recommend:
Courts & Litigation Websites
These are the most dependable sources because they come directly from a court or government agency. But they can be a bit hard to find. Fortunately, the American Bar Association’s Section on Family Law has done most of the work for you. Check out their Family Law Sample Forms page. If you plan to modify a sample court form found there , follow its instructions for preparing any modifications to avoid having your modified version rejected.
Legal Aid Societies and Self-Help Centers
Legal Aid societies and court-sponsored self help centers are often a good place to find solid family law forms. Legal Aid societies often partner with local legal publishers to produce professionally-drafted documents. Use the Legal Aid Agency’s "Find a Legal Aid Provider" tool to locate your local Legal Aid society:
Law Libraries
Many law libraries maintain a collection of family law forms. Your local public library may even have one, or it will be able to direct you to the nearest one. The Legal Services Corporation lists some of the nation’s law libraries organized by state. Law libraries at colleges and universities may also have an extensive collection of family law forms that includes divorce and temporary custody agreement samples.

Common Mistakes to Avoid in a Temporary Custody Agreement

Another mistake we see people making is not getting the most out of their custody PDF. In fact, much of the time people do not even bother filling out the PDF at all! This is a huge mistake since a temporary custody agreement is like a blueprint for what you want your future agreement to look like. Before you go into mediation or court, you should be as prepared as possible with a detailed custody PDF that has all of your wishes set out exactly how you want them. You may think that the judge would be okay if you did not have a PDF prepared for them, or that you could just fill in the blanks during the proceedings. However this is a huge gamble that we do not recommend you take. Have the PDF prepared with all of your dreams and wishes written into it ahead of time so you are ready to go.
Sometimes people are tempted to draft their own legal documents without first seeking the advice of an attorney. This can be an even bigger mistake than not filling out the PDF – at least with a PDF template you know that your file will be organized and accessible. We have seen many clients come in with poorly written agreements that they drafted on their own and this can lead to major headaches. Sometimes people who drafted their own documents have given away rights to certain items or other assets without even realizing it. On the other hand, sometimes parents do not specify a certain item into their agreement because they are relying on the other parent to do the right thing. Unfortunately this usually does not work out in the end, so we encourage everyone to write down everything they want to be included in the temporary custody agreement PDF.
One of the most common errors we see in temporary custody agreement PDFs is a failure to specify a full schedule. Parents often make the mistake of writing in vague terms about how often they want their children to be with them. This is a major mistake – for example, instead of stating in the agreement that you want your child with you every weekend, it would be much better to say "every weekend and alternating holidays each year." Sometimes the parent will even write in what seems to be a permanent visitation schedule, but it is not worded as their desire for the temporary agreement. This is a huge mistake because the judge may be deciding what this schedule should be based on the first PDF. This could have a major impact on how your future agreement comes out. Make sure you write down exactly what you want and why in the temporary PDF.

Legal Issues and Modifications

The creation of a temporary custody agreement is not a foolproof way of avoiding court, and any party who signs the document is still taking somewhat of a risk. The downside is that there may be enforcement issues, especially in situations where conditions are not being followed. If the parent tries to create a constant environment out of the temporary agreement, but starts having issues with enforcement, then a judge could overturn the contract. Additionally, if a party violates an agreement, a judge may enforce the contract at a later stage even if the other parent is not properly following some of the document’s conditions.
In many cases, parents do not wait until the child reaches 18 before making adjustments to the custody schedule. In fact, the family courts in every state encourage the parents to communicate changes that they want to make. A lot of parents start the modification process informally by telling the other parent that they think something should change. This can be considered re-negotiation of the terms in the original contract.
Some parents come to the courts with a more formal request. This will require them to file the necessary petition with the family court. In the petition , they must explain what they want to change and why the circumstances changed. Some states also require them to include a proposed order. The order should be agreed upon by both parents if possible.
In the event that these options are not successful, then the parents must go through a court hearing. The non-filing parent can object to the terms in the petition. The judge will then make a decision just like they would in a divorce case. The parents might have to go through mediation with some judges.
There are some parents who do not agree on what the changes should be, and in those cases, the judge’s ruling shall be final. When all the necessary paperwork is filled out correctly, and the hearing has been in order, then the judge confers his/her decision.