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What Is A Temporary Custody Order?

 

What is a temporary custody order? So, when a case is filed there will be an initial status conference set and the court will want to know whether or not you need to have temporary orders entered into your case. Temporary orders address custody issues while we’re moving forward towards our final hearing, so a temporary custody order can be one of two types.

The first type is a stipulation in other words it is an agreement that the parents have been able to reach regarding their children that is memorialized and filed with the court. However, if you’re not able to agree and you need temporary custody orders then you’re going to have to go to a Temporary Orders Hearing and at that point you will present evidence regarding what is in the best interest of your children on a temporary basis and the court will enter temporary custody orders based upon the evidence the testimony that it hears.

Those temporary orders typically stay into effect until your final hearing or your final resolution of your case, so a temporary custody order is important because it sort of frames the parenting plan moving forward. It’s not necessarily binding on what the permanent custody order is going to be, but it does have a big influence, so I would recommend not going to a Temporary Orders Hearing without an attorney. You really need to get legal help and advice establishing any sort of temporary custody order.

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Matthews Family Lawyers