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Parties can decide where children will live while a dispute is pending a number of different ways. The first, of course, is by agreement. They don’t have to ask a court to assist them if the parties can agree by themselves or through the assistance of counsel. We can make a schedule for figuring out where kids are gonna be while the divorce is pending or while the custody proceeding is pending. But if they can’t agree, the court has jurisdiction to hear what’s called a temporary motion and make those decisions for parents so that they can have a schedule which creates stability for the children while the action is pending.
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Minnesota family law attorney DeAnne Dulas explores some options on how to settle custody issues during a divorce proceeding.