As the name suggests, temporary custody provides a short-term court order granting either on parent, or both parents, custody until the parents are able to reach a permanent custody agreement. In contrast to creating a parenting plan for long-term use, the court can grant temporary custody quickly.
Filing a motion for a temporary order in divorce can be important when any of the following issues need to be dealt with: Custody and visitation, in which case a temporary order would outline a schedule for when each party has time with the child(ren)
Emergency temporary custody orders can be issued within days or weeks after filing. If the situation is very urgent, a hearing may take place within hours. This hearing is likely to be held ex parte, meaning your child's other parent may not be in attendance to present their side.
Temporary reliefs require a special hearing that provides an impermanent solution based on the circumstances and are typically resolved through settlement negotiations or mediation. When a judge grants a motion for temporary relief, the order will only remain in effect until the formal proceedings are completed.
To address the immediate needs of the children involved, a motion for temporary custody is filed to establish a temporary arrangement until a final custody agreement is reached.
There can be many reasons, but it should all comes down to one or more of these most basic reasons: The motion for temporary orders does not have valid grounds in the law (in other words, the law does not permit the relief requested).
If you are in the midst of a divorce, then you may need to ask for a relief request as a part of the process. This is a petition that gives the filer certain rights regarding the children in the marriage child support matters and a couple's assets.
Temporary relief is an official request made to a judge while the divorce is still pending. A temporary relief hearing allows spouses in a divorce battle to reach a short-term solution on child custody and other issues pending the divorce case finalization.