Understanding Temporary Child Custody Orders in New Jersey

Why request a temporary child custody order?

Parents who cannot agree on how child custody should work during a separation or divorce may go to court and request a temporary child custody order.

A temporary order is different from an emergency child custody order, which is usually requested if a child is perceived to be in danger and requires protection.

With temporary orders, the child’s safety need not be an issue, but the child must have a place to live and their needs must be met even while divorce or separation proceedings are ongoing. A stable, protective, and nurturing environment is considered a priority for the development of the child.

In most cases, parents work out how to achieve this through discussions, negotiation, or mediation. If they cannot agree, a court order may be sought by one of the parents.

Factors considered before a temporary child custody order is issued

The main governing factor for whether a temporary child custody order will be issued is the best interests of the child. The New Jersey courts will assess the well-being of the child and how best to provide continuity of care and a stable, nurturing environment.

In particular, the following considerations are key:

• The child’s relationship with each parent
• The child’s preferences (if they are mature enough to express them)
• Each parent’s ability to provide a stable environment for the child
• Any history of abuse or neglect
• The willingness of parents to cooperate and collaborate for the benefit of the child

What are the requirements in New Jersey to obtain a temporary child custody order?

To obtain a temporary custody order in New Jersey, the following requirements must generally be met:

• One parent must file a motion (a formal written request) with the family court requesting temporary custody.
• Grounds (legal reasons) for why such an order is necessary must be submitted.
• A document should detail the child’s present living situation, how care will be provided by the petitioner, and (if applicable) details of the other parent’s unfitness to provide care.

Why hire a child custody lawyer in New Jersey?

Obtaining a temporary child custody order is often considerably easier with the assistance of a child custody lawyer who understands the legal procedures and requirements.

During a divorce or separation, emotions may be running high—especially if parents do not agree on what to do with the children—so being able to rely on seasoned legal guidance from a knowledgeable professional can provide much-needed support.

Your child custody lawyer will prepare and file the necessary paperwork, represent you at hearings, and protect your rights as a parent.

Using mediation for a temporary child custody resolution

Mediation is an alternative dispute resolution method often used in family law cases in New Jersey because it can potentially reduce conflict and result in better outcomes for families.

If mediation can prevent the need for a court hearing to decide on key matters, it is generally considered better for all parties concerned. With mediation, disputing parties meet in a more relaxed setting with a trained, third-party mediator who attempts to facilitate an agreement. The final decisions rest with the parents but the mediator can guide the process and provide independent input.

Your child custody lawyer may attend mediation sessions. The process can result in a collaborative decision between parents that can negate the need for a temporary custody order.

How to support your child through a temporary child custody arrangement

How a child responds to the inevitable upheaval of parental separation and divorce can be unpredictable. However, continuity of care and a stable home environment are generally thought to reduce the negative consequences and provide essential support for the child.

Parents should take as much care as possible to support their children throughout this transitional process—and most realize that intuitively. Parents generally want the best for their children’s well-being, but they may not agree on how to achieve that—hence the option to request a temporary child custody order.

If a court order is issued it can provide clarity for everyone, but it should be remembered that the non-custodial parent retains parental and visitation rights—and regular contact with both parents is generally considered to be in the best interest of children.

It is important, therefore, for parents to attempt to put their differences aside and act cooperatively, collaboratively, and communicatively for the benefit of their children during the transitional period.

Remedies for child custody violations in New Jersey

What if a parent fails to follow a child custody order in New Jersey?

For instance, say the non-custodial parent violates the agreed-upon visitation schedule. What can you do about it? Can it be enforced?

Most minor violations will be tolerated by judges, who are reluctant to punish human error. However, if the violations are repeated and serious, you can file a motion requesting enforcement. If the court agrees, papers must be served on your ex-partner/spouse and a hearing will be scheduled.

If the court finds that a violation of the custody order has occurred, it can order the following remedies:

• Permanent or temporary modifications of the existing custody arrangement
• Economic sanctions, such as compensation for additional childcare costs
• Extra time with the children is awarded to the custodial parent
• A requirement to pick up and return the children in a public place
• A change of transportation arrangements for transferring the children between parents
• Attendance at counseling sessions
• A contempt of court finding
• Issuing a warrant that would be carried out if and when any further violations occur
• Ordering community service or even jail time

If the violation of the temporary child custody order extends to a parent taking, keeping, or hiding a child simply to deprive the other parent of custody or parenting time, criminal charges could be filed for interference with custody. This is a second or third-degree crime in New Jersey (a felony in other states) depending on the circumstances.

If you need assistance with child support or any other aspects of divorce in New Jersey, contact the Law Office of Steven M. Cytryn, LLC for an initial consultation.