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Where do the kids stay during the divorce?

On Behalf of | Sep 5, 2024 | Child Custody

Divorcing couples may worry about the well-being of their children during the legal proceedings of their separation. It’s natural to wonder where the children should stay, especially if the couple is no longer living together as they wait for their divorce to be finalized.

Where the children live during this significant transition can have far-reaching implications for their well-being and significantly impact their sense of stability and security. Understanding the different custody arrangements and considering the children’s best interests are key to making informed and compassionate decisions. 

Temporary custody during the divorce process

Divorcing parents should know that the custody arrangements for their children during a divorce can vary widely depending on: 

  • The children’s ages 
  • The relationship between the parents 
  • The child’s best interests 

While the divorce proceedings are ongoing, the parents can establish temporary custody arrangements to remove guesswork about who will be responsible for the kids during this time. Temporary arrangements can help ensure the kids are stable during this transition and that the parents are not fighting over individual parental responsibilities.

Family courts usually go with whatever structure has been working for the family before divorce to help ensure the kids don’t have to deal with any major changes just yet. Therefore, the kids will most likely live with whichever parent has been the primary caregiver during the marriage. 

Final custody decisions

As part of the divorce decree, a final custody arrangement usually determines how divorcing couples will share parental responsibilities as co-parents. This parenting plan should be a detailed contract that stipulates:

  • Custody arrangements 
  • Parenting time schedules 
  • Decision-making responsibilities 

Courts often encourage parents to reach an agreement, as doing so allows for more flexibility and is generally in the children’s best interest.

Determining child custody during and after a divorce can be a challenging decision for divorcing parents. Thankfully, with compassionate legal help, couples can prioritize the well-being of their children during this significant transition.