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Reasons and procedures for temporary custody

Temporary custody may be granted in cases in Minnesota when parents are going through a divorce. However, the orders that are initially put in place as temporary custody orders may become permanent once the divorce is final. A court attempts to make a decision regarding custody based on the best interests of the child.

Temporary custody orders might also be put in place if a parent is temporarily incapacitated, such as through hospitalization, or if a parent is accused of abusing the child. A parent who is unable to care for a child financially might grant temporary custody to a relative. There might be other situations in which a parent is unable to take care of a child for a time, such as an absence caused by work responsibilities. Temporary custody could be granted to a grandparent or a godparent, friends or other family members.

Whether temporary custody happens as part of divorce proceedings or for some other reason, a parent who is not granted custody generally has generous rights to visitation. Courts usually work from the principle that it is in the best interests of the child to have a relationship with both parents and will take steps to encourage this unless the child's safety is in danger around the parent.

Parents who are going through a divorce might struggle to negotiate temporary or permanent custody and visitation. This is one of the most difficult aspects of divorce, but if parents are able to keep the child's best interest as the main focus just as a judge would do, it may help them make equitable decisions. Things parents may want to keep in mind when negotiating custody and visitation are which parent is the main caregiver and what arrangement would lead to the least amount of disruption for the child. The child's own wishes may also be considered if he or she is old enough to express them.

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