A divorce can take a long time to finalize, especially if there are complex disputes between you and your former spouse. In the meantime, you may need to have arrangements in place related to child custody and child support — as the health and wellbeing of your kids cannot be placed on the back-burner as you await a final divorce decree.
In these situations, temporary child support and custody orders address these issues until a more permanent solution can be established. These temporary orders can establish a custody and visitation schedule and mandate regular child support payments from one parent to the other.
Ensuring greater stability
Receiving a temporary child support and custody order allows you to establish who the children are living with, typically granting temporary physical custody, legal custody, and parenting time early on in the divorce process. It can also ensure your kids have the financial support they need, thereby mitigating the impact of the divorce as much as possible. A temporary order, however, is just that – temporary. The court can make a different decision in the final divorce decree regarding these issues if the court deems it is in the children’s best interests to have a different arrangement permanently.
To seek a temporary order, you will need to file a motion with the court with the help of an experienced family lawyer. This includes submitting a written statement outline your reasons for seeking the order, along with telling the court the relief you are requesting. If you are seeking child support, you will also need to provide the court with your income and expenses.
After that, you and the other parent will attend a hearing, where you will both have the opportunity to make your arguments. The judge may ask the parties several questions, and then make a decision based on the evidence and statements made.
If you would like further information and advice on this important issue, speak with an experienced Minnesota child custody attorney at Appelhof, Pfeifer & Hart, P.A.
