If there are children procreated in the marriage whose temporary custody is claimed by both spouses, the court shall summon the parties to the divorce suit under penalty of contempt, for an urgent hearing, and shall hear such testimonial and documentary evidence they may present. When evaluating the case, the court shall consider temporary joint custody, provided that it adjusts to the best interests of the minor. Otherwise, the court shall make the decision it deems proper based on the evidence presented and subject to the aforementioned standard while the divorce suit is tried and decreed. In addition to the above, the court may adopt any measure needed to award custody for the wellbeing of the children.
History —Civil Code, 1930, § 98; July 24, 1998, No. 170, § 1; Nov. 21, 2011, No. 223, § 11.