A Temporary Order Hearing is the court proceeding used to address these issues while the case is pending. When parents become involved in a divorce, paternity action, or custody dispute, the court process can take months to complete. During that time, important questions must be answered regarding where the child will live, who will make decisions for the child, how visitation will occur, and who will provide financial support. Temporary orders are not intended to be the final resolution of the custody dispute. Instead, they establish rules and expectations that will remain in place until the parties reach a settlement or the court conducts a final trial.
Why Are Temporary Orders Important?
Many parents mistakenly assume that temporary orders are merely procedural and have little effect on the ultimate outcome of the case. In reality, temporary orders often become the status quo for the child and can significantly influence future custody determinations.
Judges frequently consider how a temporary arrangement has worked when making final custody decisions. If a child has been thriving under a temporary custody arrangement, a court may be reluctant to make dramatic changes later without a compelling reason.
For this reason, parents should take temporary order proceedings seriously and prepare for them as carefully as they would any other important court hearing.
What Issues Can Be Decided at a Temporary Order Hearing?
The court has broad authority to enter temporary orders designed to protect the child’s best interests while litigation is pending.
Issues commonly addressed include:
- Temporary legal custody.
- Temporary physical custody.
- Parenting time and visitation schedules.
- Child support.
- Payment of medical expenses and health insurance.
- Transportation arrangements for visitation.
- Temporary restrictions on parental conduct.
- Communication between the parties and the child.
- Exclusive possession of a residence in some divorce cases.
The specific issues addressed depend on the facts and circumstances of each case.
What Evidence Is Presented?
Temporary Order Hearings are generally less formal than a final custody trial, but they remain court proceedings where evidence matters. The parties may present testimony, documents, photographs, text messages, emails, school records, medical records, and other evidence relevant to the child’s welfare.
In cases involving allegations of abuse, neglect, substance abuse, domestic violence, parental alienation, or unsafe living conditions, the court may hear evidence related to those concerns when determining temporary custody arrangements.
Because the hearing often occurs early in the litigation, the court may be making important decisions based upon limited information. Proper preparation can therefore be critical.
How Long Do Temporary Orders Last?
Temporary orders generally remain in effect until one of several things occurs: the parties reach a settlement, the court modifies the orders, or a final custody order is entered after trial.
Because custody cases can sometimes remain pending for many months, temporary orders may govern a family’s daily life for a significant period of time.
Can Temporary Orders Be Changed?
Yes. If circumstances substantially change or new information becomes available, a party may ask the court to modify existing temporary orders. However, modifications are not automatic. The requesting party must demonstrate sufficient reasons for the court to revisit its prior ruling.
Courts generally prefer stability for children and may be hesitant to make repeated changes without good cause.
How Should You Prepare for a Temporary Order Hearing?
Preparation begins well before the hearing date. Parents should gather relevant documents, preserve communications, comply with existing court orders, and avoid conduct that could reflect negatively on their ability to parent.
It is also important to remain focused on the child’s best interests rather than using the hearing as an opportunity to attack the other parent. Judges are often more persuaded by evidence demonstrating a parent’s ability to provide stability and meet the child’s needs than by personal disputes between the parties.
Speak With a Tulsa Child Custody Attorney
A Temporary Order Hearing can have a significant impact on the direction of your custody case. Decisions made at the beginning of a case often influence negotiations, parenting schedules, and even the court’s final custody determination. The Oklahoma family law attorneys at Tulsa Divorce Attorneys and Associates offer a free consultation. Just call us at 539.302.0303 or click here to ask a legal question.