Many court-related decisions take months or even years to settle when you are in the midst of a divorce. When couples separate, something known as a temporary order is created by the family courts at the time of a hearing over various issues, including child custody. The courts prefer that a family try to come to a conclusion about matters on their own; however, if you are unable to solve these issues in the timeframe you wish for, you should seek a temporary order as soon as possible. When your children are involved, this can be especially important.
When you as a child’s parent are waiting for a final determination of custody, you may receive a temporary custody order. Divorce can take a long time to settle, which is why these matters should be solved as soon as possible, because sometimes you may have questions of where the child will reside, given your unique circumstances. The court will make these decisions based on the best interests of the child, with concerns about the child’s physical and emotional development as well as their general well-being.
Can my Temporary Order Become Permanent?
In many cases, temporary custody is granted as a way to be a short-term solution pending a final custody determination. However, sometimes these orders can evolve into a permanent custody order. If matters cannot be resolved, they will usually be seen in trial and both parties will be able to convince the court who would be the better caretaker of the child. The child may have become attached to one lifestyle including the school they attend, certain activities that they do with a parent, and their friends in that area. The parent awarded temporary custody, in this way, has the advantage – which is why the courts take these matters very seriously.
Requesting a Temporary Order
Temporary orders require filing out paperwork with the family court, which your attorney will be able to assist you with. There are some requirements to filing an order for temporary custody including showing cause for your situation, relevant facts that support why the order should be granted, a proposed temporary order, and proof of service. From there, you will find out more about when you will have a hearing and what you should expect when you attend. These hearings can sometimes be stressful because a variety of issues may be brought forth to the court, but you and your attorney have time to prepare for it.
