Temporary Custody & Support Orders

Temporary Custody & Support Orders

A Temporary Custody Order is a court order which authorizes one party to have temporary custody of a minor child or children. Typically, one party files a petition or motion to seek temporary custody, otherwise known as a Temporary Allocation of Parental Rights and Responsibilities. The filing party will seek a court date so that the court will consider the terms of the temporary custody and temporary child support order. In the alternative, the parties can enter agreed temporary court orders or have a hearing where the court listens to each party’s concerns and then issues a temporary child custody and child support court order.

A temporary court order is an order by the court ruling on the issue prior to the final disposition of the proceedings.  Child support, child custody, and spousal maintenance rules often involve temporary orders prior to the finalization of the divorce process. At the conclusion of the divorce process, the court will issue final court orders, which often enroll these temporary court orders.

Process for Seeking Temporary Custody or Support Orders

A party seeking temporary relief from court shall file a petition or motion outlining their desired outcome that they are seeking by the court. Generally, a Petition for Temporary Relief is filed, and a court date is secured. The opposing party has an opportunity to file a response and go to hearing on the matter if the parties disagree.

Status Court Date

A Status Court Date is a court date where a petition or motion is filed. The purpose of a status court date is to schedule additional proceedings or secure an agreed order entered by the parties. One of the roles of the status court date is to give the attorneys and or parties the opportunity to resolve their differences and talk about how to move forward.

Hearing Date

At a status court date, the parties generally enter a briefing schedule to let the opposing attorney file a response to the party’s petition or motion. Typically, the party’s attorney has 14 to 28 days to file responsive pleadings on the petitioner’s motion or pleading, depending on the emergency or concern of the petition or motion.

At a hearing date, the judge will decide on the issue or the parties will go to hearing on the issue. They may also do a pre-trial hearing without a full-blown hearing and get the judge’s recommendation.  The purpose of the hearing date is to ask the court to decide or enter an agreed order by the parties.

Temporary Orders versus Final Orders

Courts enter temporary orders of allocation of parental time and responsibility like the issuance of final court orders. Unlike temporary court orders, final court orders are the determining court orders typically finalizing a divorce or family law matter. Generally, temporary orders give the parties further time to resolve the disputed issues or gain additional facts before the entry of a final order.

Temporary court orders are also easier to modify than final court orders. Temporary court orders are often for a period until further information may be found. Hiring qualified and experienced family and divorce counsel are critical in your family and divorce matter. Temporary court orders have significant impact on final court orders and hiring an experienced and skilled divorce and family law attorney is critical to protect your key rights.