One of the most important issues that families have to deal with during separation is determining who should be taking care of the children while the parents deal with pressing issues and make crucial decisions. Parents may need to use the temporary custody form or the temporary guardianship agreement if they do not have time or proper conditions to look after their children during the active stages of divorce.
Such measures sometimes need to be taken when spouses separate because they go through a complicated and long-lasting process of handling all kinds of matters, including financial, legal, and personal ones.
Temporary custody allows an individual who is not the custodial parent of the child to take care of them during a short period. Various possible reasons can explain the need for temporarily delegating the care of one’s children to somebody they trust. The most common reasons have to deal with:
There could be other reasons that can lead to the parent not being able to take care of their child that also can result in a temporary custody assignment.
Creating a temporary custody agreement is the best way to ensure that the child will be taken care of legally by the person you trust in case of emergency. Making certain health-related decisions on behalf of the parents is only possible with an agreement of such kind. Suppose you anticipate that your child will be spending a lot of time with their grandparents because of the current circumstances in your life. In that case, it is better to have such an agreement because the grandparents would not have certain decision-making rights without it, even being close relatives.
There are no limitations to who can be assigned the custodian duties. Naturally, parents should completely trust the person they assign as the temporary guardian and regard them as reliable. The child and the proposed guardian should have a good pre-existing relationship. Most likely, the parents would choose from the following categories of people:
All of the above-mentioned categories of individuals typically have close bonds to families and children and are good options to consider when choosing a guardian. You could also change the guardians or assign specific guardians for different periods as you can revoke or change your custody form.
There is no single rule about how a temporary child custody agreement should be created in the United States. If you are the parent, you can do it by yourself or with the other parent, but both parents sign the agreement unless there is an appropriate reason why the other parent cannot do so, for example, if they are deceased or unknown.
If you want somebody else to have custody of your child for a long period, you would need a court’s approval. If it is under six months and both parents have agreed to it and are signing the form, typically, you would not need to go to a judge, and a properly filled out and notarized agreement would be enough. Check the state laws to find out what kind of guardianship agreement you may need and whether you need a permanent order.
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Parents often do it themselves because the process is very straightforward. All you need is to fill out a simple temporary custody form. Use our form-building software to create your temporary guardianship agreement as quickly as possible with the template that we have prepared. Use our step-by-step guide to avoid making mistakes.
State your full name and address at the beginning of the form to identify yourself as the custodial parent of the child or children.
In the next section, provide the name and date of birth of the child or children.
List the names of each individual you have chosen for taking care of your child or children. Describe their relationships.
Provide the address and telephone numbers of the temporary custodians.
This part of the temporary custody form should be signed in front of a notary public. First, identify yourself again by printing your name and identify the guardian by printing their name.
You can assign guardianship to the temporary custodians for any period. You can include the exact dates, in case you are going on a trip or for hospital treatment, for instance. Otherwise, you can only state the beginning of the custody period if you are not sure how long it will be needed.
Carefully read all the statements, including the details relating to emergency and non-emergency situations, such as medical treatments, as well as educational decisions. Make sure that you are satisfied with the rights provided to the custodians. If you agree with everything stated above, sign and date the temporary custody form. Remember that both parents should sign it unless there are circumstances that make it impossible for the other parent to sign the form.
The notary official should always provide their signature on such a document confirming that the parents have identified themselves as the individuals making decisions written in the form. Most states require only the notarization for short-term agreements. However, you may want to check your specific state’s requirements to see if you also need a judge’s approval.
