How Can You Use A Temporary Order To Establish Custody?

26 December 2019
 Categories: Law, Blog


After your divorce is final, all the important decisions will be made and everyone can move forward. Child custody is one of the most important things to have finalized. However, when the divorce is ongoing, custody decisions are not final. You may feel in limbo when it comes to when you get to have custody of your children without an official arrangement. This is where temporary orders come into play. The following are some things you should know about temporary orders when it comes to child custody.

What Is a Temporary Order?

A temporary order can be used in a variety of ways during a divorce. An order can be used specifically to help you iron out a temporary child custody arrangement until the final arrangements are confirmed. The temporary order will spell out when you each get the children, who pays for what, whether or not one parent provides financial assistance to care for the children, and so on. A temporary order for child custody typically happens at the beginning of the divorce process so that everyone has a roadmap for how the children are cared for until the official decisions are made.

How Do You Get a Temporary Order for Custody?

If you want to get a temporary order to help work out a child custody plan, you have to file a petition with the court. After that happens, you then must file a motion for a temporary order. The motion must include specific information as to how you want the order to work. You may have to provide additional documentation depending on what you are requesting within the order. It is ideal to have a proposed parenting plan prepared to submit. The judge may use it to help make the decisions for how the temporary order will play out. If your temporary order includes a request for financial support from your spouse, you will have to provide documentation to support your request, such as your own financial information.

Do You Need an Attorney to Request a Temporary Order?

Hopefully at this point, you have already obtained a divorce attorney. If you have not, you can still petition the court for a temporary order. However, it is ideal to have an attorney help you with this. The process of divorce can be complex. One incorrect move or missed deadline and you can lose a lot that you normally would not have had you been represented by a child custody lawyer.