Carton & Rosoff PC-Attorney at Law
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Resolving disputes creatively

Obtaining temporary custody while the matter is pending

There are many situations that arise when two parents are no longer living together and need to split the parental duties. These situations usually arise in divorces or in child custody matters when the parents were never married. These types of cases can be very complicated though and generally take some time to complete as often times the parents do not agree on what the best plan is for the children.

However, life does not simply stop while the case is pending and decisions need to be made for the children and parents would like to see their children as well. So, parents are able to seek temporary custody and visitation while the case is pending. This is done by filing a motion and the decisions are made based on the information provided in affidavits and other written evidence. So, it is important to provide the judge with as much information as possible and can include information from therapists, caregivers, teachers, other family members and others who can provide information regarding the children.

Ultimately the decision is still based on analyzing the factors for determining what is in the best interests of the children. So, the judge will analyze the home environments of both parents and who provides more of the care; the ability of each parent to provide the care the children need; the stability of each parent's home; any special needs of the children; and other factors. These decisions will only remain in effect until the final custody determination is made though. At that time anything stated in the temporary order is no longer in effect.

Many parents in New York find themselves going through divorces and custody battles. These can be very contentious and time consuming. Sometimes they take months before a final resolution is reached. Therefore, parents can seek temporary custody and visitation with their children while the case is pending. Custody determinations are very fact-specific though and experienced attorneys may be a useful resource.

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Carton & Rosoff PC
150 Grand Street, Suite 305
White Plains, NY 10601

Phone: 914-949-6700
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