Depending on the circumstances and state guidelines, the divorce courts will decide on a child custody arrangement that will best provide for the child. During divorce or legal separation, the courts may grant temporary child custody rights to one of the parents.
These orders may not stay once the divorce is finalized but help give the child an established schedule and routine during the divorce process.
If there is more than one child, typically the children live together for moral support, but the court may separate the children between parents. It may also be possible for the divorce courts to award child custody to a third party or close family member.
Typically, the biological parents are considered fit to raise the child, unless there is evidence that suggests otherwise. The burden of proving a parent unfit is a high one and generally isn’t an issue in most divorces.