How To File Temporary Orders

Question

Temporary orders and opposing temporary orders. My husband and I are separated. He is threatening to get temporary orders saying he has custody of the children. He has worked full time their entire lives and I have I stayed home with them (2 year old and 4 year old). I am considering filling temporary orders saying that I have the children most of the time and he has visitation. I don’t want my kids to be with his mom or in daycare while he is at work, and I don’t think the children should lose their primary caregiver just cause he is mad at me.

My questions are: if I file for temp custody, will this increase my chances of getting primary custody later? OR increase my chances of primary caregiver with joint custody?

What will happen when he files opposing the temporary orders? What are the chances that he can get them changed?

Additional information

Also, how long do Temporary Orders take? What should I do in the meantime? Is there a way to speed them up?

AnswerYou should file a motion requesting temporary custody. If he happens to file first, then you should file a counter motion. The court will weigh heavily both the historical caregiver and the availability to care for the children full time. Custody is a very complex determination. If you are on the Wasatch Front where your motion is heard by commissioners, you should also ask the court to give you an evidentiary hearing on the issue of temporary custody. This will allow the parties to testify about the issues relating to temporary custody. If you have further questions on what to ask for in a temporary custody order, click on my blog “Custody Order” below.

Peter ChristensenHow To File Temporary Orders