San Francisco Divorce Attorney

Family Lawyer in San Fransico, CA

Temporary Child Custody

When couples go through a divorce, they almost always separate before the legal process actually begins. When minor children are involved, this presents an additional dilemma as the parents must be able to agree on a short-term custody and visitation arrangement. If they cannot agree, they may be required to go to mediation and, if mediation is unsuccessful, the court will decide for them based upon what it determines is in the best interest of the children. If you are trying to come to an agreement with your spouse about temporary child custody, please call the Law Offices of Randall A. Richmond and speak with a San Francisco divorce lawyer who can help.

While temporary custody agreements are only temporary, they are exceedingly important because they often have a significant impact on your permanent custody agreement. Don’t let the word temporary fool you into thinking that you can just sacrifice your rights to your children for now and get them back later. It is imperative for you and your San Francisco divorce attorney work together to ensure you are able to negotiate a temporary custody agreement you are satisfied with.

If you and your spouse cannot agree on a temporary custody agreement on your own, you will need to work with your San Francisco divorce lawyer to file a noticed Motion or Order to Show Cause for custody and/or visitation. Once these papers are filed, you and your spouse will be required to attend a mandatory mediation until you come to a custody agreement you can both be satisfied with. As explained above, if you and the other parent cannot reach an agreement through mediation, the court will take up the noticed Motion or OSC and make the decision for you based upon what the court determines is in the best interest of the children.

When you are going through this process with an older, mature child, you may find it beneficial to allow the child to speak for him or herself in the court. In these cases, you will need to talk to your San Francisco divorce attorney about requesting a child custody evaluation and see if you can get a court-appointed lawyer to represent your child’s interest in the matter. (In certain custody battles, the court may itself order a custody evaluation.)

870 Market Street, Suite 1263
San Francisco, CA 94102
Phone: 415-701-8300