Users' questions

What can be included in a motion for temporary custody?

What can be included in a motion for temporary custody?

A motion for temporary orders can include just about any issue that you and the other parent need the judge to decide while you are going through a custody case. The most common issues raised in motions for temporary orders include:

What happens if you get a temporary custody order?

Temporary orders often deal with the same issues as ex parte orders, but there is a hearing where both parties can tell the judge their positions. If you get a motion for a temporary order, it will include a notice of hearing that tells you the date, time, and place of the hearing. There are strict deadlines in a custody case.

Can a parent file a motion for a temporary order?

Motion for Temporary Order – Your child’s other parent also may have filed a motion asking the court to enter a temporary order. Temporary orders often deal with the same issues as ex parte orders, but there is a hearing where both parties can tell the judge their positions.

When does an ex parte order become a temporary order?

After 14 days the ex parte order becomes a temporary order that will normally last at least as long as it takes for your custody case to become final. Motion for Temporary Order – Your child’s other parent also may have filed a motion asking the court to enter a temporary order.

When to file for a temporary custody order?

A party may wish to pursue a temporary order regarding custody under the following circumstances: In the early stages of divorce cases, a temporary order is often granted to set out each parent’s rights to the child or children, pending a final parenting plan’s entry at the conclusion of the case.

A motion for temporary orders can include just about any issue that you and the other parent need the judge to decide while you are going through a custody case. The most common issues raised in motions for temporary orders include:

How to file a child custody stipulation and order?

If you started a case and then all parties reach an agreement on the legal issues involving child custody, you may be able to file your agreement, which is called a “Stipulation and Order, ” with the court. All parties must sign the Stipulation in front of a notary, and then one party files it with the court.

Who is the parent in a custody petition?

The parent filing the petition is called the petitioner, and the other parent is called the respondent. The custody petition sets forth the parties’ relationship to the child and the reasons the petitioner believes he or she should be awarded custody.