How to Secure a Temporary Custody Order During a Divorce

Your divorce may take months to resolve, but there may be some issues you need to settle right away, at least temporarily. Child custody is one of those issues. Who will have custody of the kids during the divorce proceedings?

You have two options during your divorce if one spouse has moved out of the house. Either you come to your own agreement about how you’ll split expenses and child custody/support while your divorce is in progress, or you will go to court and have a judge settle the matter for you. If you cannot agree, you should seek a resolution in court as soon as possible.

To get a court order for temporary custody, you will need to submit some paperwork, which will be available at the court or online. Below a quick overview of the process:

• A request for your court order: You may need an Order to Show Cause, which is a simple document that details exactly what you are seeking (such as temporary child support). It also orders your spouse to show up in court at a certain date and time to argue why the court should not grant the request you submitted.
• Supporting declaration: You must submit a written statement, under oath, stating facts that justify the issuance of temporary custody to you. This should include any information about potential dangers or downfalls that would exist in giving your spouse temporary custody.
• Proposed temporary order: If you already came to an agreement with your spouse about temporary custody, bring your proposed temporary order for court approval.

You will then be asked to attend a court hearing where the judge considers your request. If it is an emergency situation, that hearing can be held within a few days.

To learn more about how temporary custody works during a divorce, speak with an experienced Long Island family law attorney at Bryan L. Salamone & Associates.