What Is a Motion for Temporary Custody?

Picture of father and daughter hugging

Conflicts in family court can take a long time to resolve. Unfortunately, people usually do not have a long time to wait for resolution. A motion for temporary custody is a legal request of a parent to have physical and legal custody of his or her child.

What Is a Motion for Temporary Relief?

A motion for temporary relief is an order by a judge that provides temporary resolution to a major issue. It is often used by people involved in the following cases:

  • Child custody/time-sharing
  • Child support
  • Alimony
  • Marital asset distribution

Know that these orders only remain in effect until the formal case is complete. If you are interested in filing a motion for temporary relief in Florida, contact our West Palm Beach family law attorney. read more

Divorce: What Do We Tell the Children?

Children and Divorce Lawyers

Telling the children about the divorce is often cited as the most dreaded part of the divorce process by parents.  In fact, 75 % of parents spend 10 minutes or less telling the children about the divorce.  Before you tell your children about the divorce, consider spending some time making a game plan with your spouse.

At Eric C. Cheshire, P.A., we recognize there are no easy answers when it comes to telling your children about the divorce. However, we do offer the suggestions provided below, as well as those in the previous blog post, for your consideration as you contemplate how you will tell your children about the divorce. read more

Different Types of Child Custody

During a divorce, there are four main types of child custody.  It is possible for both parents to end up with the terms of child custody with the court’s approval.

types of child custody

However, sometimes, the parents cannot reach a mutual decision about child custody. When this occurs, a child custody attorney is hired and mediation or litigation ensues.  At that time, the court has to make the decision about how the parents will share custody of their children.

The Four Primary Types of Child Custody

Sole Custody

In this case, a single parent will have either sole legal custody, sole physical custody or both. This type of child custody is awarded to a parent or a guardian if the other parent is deemed unfit to raise the child. In some cases, the family court will award this type of custody in a way that gives the noncustodial parent some opportunity to take part in the child’s life. read more