It is quite common for parents to worry that filing for divorce could damage their relationship with their children. In fact, some people choose not to file for divorce despite being in an unstable or unhealthy marital relationship because they worry about losing time with their children before the courts finalize the divorce.
Many parents understand that the courts can implement a final custody order establishing a specific allocation of parental rights and responsibilities at the end of their divorce proceedings. They may even recognize that the courts tend to prefer scenarios in which both parents remain an active part of the children’s lives. However, fewer parents realize that they don’t have to wait for the end of a divorce to obtain shared custody.
Temporary orders are available upon filing or separation
Contrary to what many people assume, it is not necessary to finalize a divorce to have a custody order on record. Unmarried parents planning to separate and married parents in the early stages of divorce can ask the courts to establish a temporary custody order.
A temporary order can grant a parent the necessary authority to handle basic matters for their children, such as obtaining medical care or enrolling them in school. A temporary custody order can also divide parental rights and responsibilities.
Parents can ask judges to establish temporary orders as soon as they decide to make a change to their relationship. They can file at any point when there is a family law matter pending in the courts. That way, they don’t have to worry about a separation or pending divorce causing irrevocable harm to their relationship with their children.
Given that divorce can often take a year or longer to finalize when there are custody matters to address, waiting until the finalization of the divorce decree to handle custody matters could cause emotional and social harm to the children. Parents can ask the courts to establish a reasonable allocation of parenting time and parental authority when they decide to make changes to their families.
Those preparing to divorce or separate from the other parent of their children may need help taking the right steps so that they can protect their relationship with their children. Understanding Michigan’s unique approach to custody can empower parents to make difficult but necessary choices when their relationships evolve.