Hiring a Custody Lawyer for Temporary Custody Arrangements
While the main goal of a custody hearing is
to create permanent orders that best meet the needs of the children involved,
temporary orders are often useful. There are many situations in which temporary
orders are put in place pending the final custody determination. Many “warm up
periods” prior to a custody case involve a tug of war over the children. Also, the period leading into school
registration is a busy time for attorneys helping in disputes over which school
their children should attend. Most court jurisdictions allow parents to seek
temporary orders early in the case. The purpose is to ensure children are not
harmed or excessively stressed in the period before a court can thoroughly look
into the situation. Working with a custody lawyer will help you determine if
temporary orders are needed in your case.
Goal of Temporary Proceedings
One of the first steps for many custody
attorneys is to seek a temporary custody order. These temporary orders address
which parent has primary custody and how much time the children spend with each
parent. As previously mentioned, an early custody order can prevent harm to a
child and help to maintain the status quo.
An effective strategy is to seek a temporary order
as a pre-emptive plan for later. Every
good attorney knows that temporary orders tend to morph into permanent orders.
Most judges will take not if the temporary orders appear to work well for the
situation. If keeping that situation in place serves the best interest of the
children, more often than not the order will become permanent.
Emergency Orders
Even after the permanent custody order, or
final judgment is in place, one parent or the other can hire a custody lawyer
to pursue emergency temporary orders. These emergency hearings are typically
granted when the children are in danger with one parent and the other parent
wishes to remove them from the situation. To obtain temporary custody on an
emergency basis, you must prove danger to the children. A reputable lawyer can
help you obtain the proof you need. Be aware that many jurisdictions have an
extremely high standard on what qualifies as an emergency. Adult needs are not usually considered an
emergency. Whatever the situation, it must revolve around the needs of the
children. A poorly crafted emergency hearing or motion can hurt instead of help
your case.
Secret
Strategy for Temporary Proceedings
A strategy that is not publicly acknowledged
but that is frequently used is the fact that any claims, allegations, or
proceedings tend to “educate” the judge about your case. Even if there is
scarce proof, the process of repeatedly claiming certain facts tends to turn
the facts into reality. It is human nature to start believing something that is
heard repetitively.
Danger
Going It Alone
If you are self-represented, an emergency
petition or motion is a very bad idea.
Even though attorneys are never strictly required, the reality is that
most judges frown on self-represented parties asking for emergency relief. Emergency orders are best left to attorneys.
Routine temporary proceedings are friendlier
to people without attorneys. Many judges will attempt to follow common sense.
The one thing to worry about is the fact that many courts require elaborate
steps to be followed before any hearings on temporary matters. Make sure you read the rules long before any
scheduled hearings.
Whether you are pursuing temporary orders on
an emergency basis or you are just getting started in the custody process,
hiring a custody lawyer
is often your best option. These lawyers are experienced in dealing with
custody laws and can help you navigate through the process for the best outcome
for your children. The most important thing is to focus on what is best for
your children, not you or the other parent. When you do this, your children
win.
Howard Iken is a custody
attorney in Clearwater, Florida and is a frequent
contributor to many internet and print publications.
No comments:
Post a Comment