The need for a temporary court order may be obvious in a divorce where one parent is urgently working to keep their child safe from an abusive ex. In other circumstances, however, divorcing parents may not realize that they can and maybe should petition for temporary court orders as they work through finalizing their divorce.
The divorce process can take months or even longer to complete, and if there isn’t a current holding pattern when it comes to where the children will live, child support, and other related matters, then it can be crucial for each child’s well-being to have an agreed-upon routine as soon as possible. That includes planning for tricky situations, like any holidays and special occasions, as soon as possible. It benefits parents and children alike to make sure this plan is codified in a legally enforceable manner, even if it is just temporary.
Requirements for a Temporary Child Custody Order
Residency requirements must be met to successfully petition a Massachusetts family court for a temporary order. For instance, any child for whom the order would apply must have lived in the state for at least six months, though there are some exceptions.
To secure a temporary custody order now, you would need to:
- File a Motion for Temporary Orders (CJD 400),
- Submit an affidavit to fill in the judge on the details of your case, and
- Provide a brief order proposal, requesting the temporary child custody and visitation arrangement that best suits your child(ren) during the divorce process
At the temporary order hearing, a judge would review the documents. If the judge agrees that the suggested custody and parenting time arrangement works in the child’s best interests for now, then the proposed order would go into effect. This court order would be enforceable until the divorce is finalized, or some other court order is issued (temporary court orders can be modified too).
In some cases, where the terms of a temporary child custody order are contested, a judge may have to determine the custody and parenting time arrangement on behalf of the parents.
The Advantages of Agreeing to a Temporary Child Custody Order
In Some Cases, It Facilitates Agreement More Amicably
Ideally, a temporary order won’t be as contentious as the long-term arrangements being discussed (or disputed) in the divorce itself. In many cases, a divorcing couple won’t be able to immediately agree on the terms of a permanent parenting plan. But if they can find a way to agree on some short-term measures, knowing that the arrangement is a temporary one can help both parties feel less of a need to dig their heels in. That can mean a quicker resolution in deciding what is best for your family in the meantime and in getting a judge to approve the temporary custody arrangement.
Helps Parents & Kids Navigate Special Occasions
It can also remove some distress ahead of vacations or major holidays. Not only is a settled routine in the best interests of a child but making sure that details for special occasions are ironed out ahead of time can also ease the process for kids.
Holiday schedules can override a standard parenting schedule, so even in a temporary order, it is important to specifically consider arrangements for:
- Spring break
- Summer vacation
- End-of-year school breaks
- Holidays
- Holiday weekends
- Family birthdays
- The child’s birthday
- Etc.
This would include not only who spends which holidays with whom, but would also include considerations of travel details, covering financial costs of trips/summer camps, and so forth. When it comes to alternating years for holidays, this is something that can wait to be decided on in the final divorce order.
Enables Families to Figure Out What Works for Them
Finally, it can provide families with a test run of sorts, to see what is practicable and what is not, all while benefitting from clear and enforce enable guidelines to help provide kids with a routine during tumultuous times.
Discuss Temporary Child Custody Orders in a Free Consultation
The advantages discussed briefly above are not exhaustive. There are many reasons to consider setting up temporary child custody orders. If you’re thinking of filing for divorce, or you find yourself in another scenario where petitioning for a temporary custody order could benefit your family, learn more by discussing your case with a lawyer as soon as possible. Our Massachusetts child custody lawyers have decades of experience with which to help you see if you’re eligible to file for temporary orders and how to come up with terms that would be accepted and enforced by a court.
To get answers on temporary child custody orders or to start preparing for a temporary order hearing, you can reach Miller Law Group, P.C. today at (888) 874-2142.