How is it decided who keeps the kids while going through the divorce process before you have a judgment?
I do not practice law in your state and therefore cannot provide you with specific information or procedures. However, I can offer you some insight to your situation to be discussed with a family law processional whom practices in your jurisdiction.
If your state’s laws are similar to Pennsylvania, there are two types of custody: physical custody and legal custody.
The physical custody is the actual location of the children. Legal custody is who has the right to make decisions about education, religion, and medical matters.
The physical custody schedule does not affect a parent’s right to make decisions pertaining to the children. In most jurisdictions, physical custody and legal custody are specifically addressed in the order of court.
If an order of court or judgment is not yet entered, some jurisdictions hold that the parties have equal access to the children. The court may enter an interim order setting forth a specific schedule or guidelines if this is requested by one of the parties.
The interim order would likely be based on factors such as which parent is residing in the children’s current school district and who traditionally has cared for the children.
It is typically the responsibly of the parties to bring a request to the court for interim custody if they are not able to amicably come to an agreement. If an interim agreement can be reached, it is advisable to memorialize this agreement via a consent order, if possible.
Remember, I am unable to provide you with anything more than tips on your situation, so please consult an attorney licensed to practice law in your jurisdiction to obtain specific advice as to the laws in your state and how they impact your potential case.