Who Gets Custody of the Kids While a Divorce is Pending?

Who Gets Custody of the Kids While a Divorce is Pending?

Every divorce is different. People try to find common ground, but usually, end up screaming and yelling at each other. What once was a lovely union has turned into a battle over property division and asset distribution. And this is just the beginning. What follows is:

It is in every parent’s best interest to protect themselves and in the process, to secure a safe and wealthy future for their children. However, this is not always achieved through a divorce.

While some couples are friendly even while divorcing, others tend to go all out. And once all questions are solved, the main one remains: Who gets custody of the kids while a divorce is pending?

Whoever You Decide

Are you able to talk to your spouse openly about everything and come to a solution? If so, then you will have no problem determining where the children will stay during your divorce. As long as both of you are able to come to an arrangement, your children will remain protected and barely unaffected by the entire legal process. Simply sit down with your spouse and determine what is best for your kids and where they should stay while the divorce is pending.

A Temporary Custody Hearing

If you and your spouse are unable to come to terms, one of you will most likely file a temporary custody court order. However, this is far from granted; just because one spouse filled it, it does not necessarily mean that it will be immediately granted. There are many things that are taken into consideration before temporary custody is granted. Some of those things include:

  • Which parent’s home is closer to the children’s school
  • Which parent will be able to spend more time with the children
  • Which parent is more financially stable
  • Which parent will be able to drive the children to their activities
  • The children’s preference

A Fort Lauderdale child custody lawyer advises you to try and agree with your spouse about custody arrangements to protect your children from the negative aspects of your divorce. If that is impossible, you can hire an attorney and let him take care of the negotiations for you.


In order to solve your custody dispute with your spouse, you will be required to attend mediation (or a few of them in total). A present mediator will speak with both of you separately and try to move you both in a positive direction. The goal is to find a solution and a temporary custody arrangement that both you and your spouse can agree with.

If mediation is unsuccessful, the court will take full responsibility and the judge will determine where the children will stay until your divorce is finalized.

Secure your legal protection and representation ahead of time, and increase your chances of getting the most out of your divorce. Call The Law Offices of Gustavo E. Frances, P.A. today and speak with a child custody lawyer in Fort Lauderdale. Think about your future and the future of your children, and be sure that your spouse will do the same.