RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
“Prospective clients may not obtain the same or similar results.”
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Temporary Custody Orders

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Family in need of attorney

Temporary Custody Orders come in many forms, and can be granted for a variety of reasons. In addition to protecting the best interest of the child(ren), temporary orders often serve the added purpose of protecting the legal rights of a parent, or another person that may be entitled access to or time-sharing with the child(ren).

The Gainesville Law Office of Alba & Yochim P.A. discuss some common scenarios in which court intervention may be necessary on a temporary basis. However, keep in mind that the examples provided herein encompass just a few of the situations involving temporary child custody orders, and one of the best things that you can do to attain stability, and ensure the protection of your and your family, is to discuss your concerns with an experienced family law attorney.

Temporary orders are most commonly entered as part of a proceeding involving a dissolution of marriage, particularly those in which the divorce is contested or there is a current dispute over an issue of custody. Dissolution can be a lengthy process, and as such, it is important to safeguard the rights and interests of both parent and child, during this time. Absent a substantial change that warrants modification, temporary orders will generally remain in effect pending the finalization of a divorce. Consequently, it is more beneficial when parents are able to develop their own temporary plan, which typically is best achieved through attorney assistance.

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Jurisdictional issues, which often arise due to a parent’s relocation, can also create the need for a temporary order. Put simply, what this means is that, although a court does not have the authority to modify a custody determination of another court, there are still means of enforcing visitation on a temporary basis, to allow a parent adequate time to obtain an order from the court that has jurisdiction. In some cases, court intervention is needed solely to enforce an existing visitation schedule. In other cases, a previously entered custody determination fails to provide for a visitation schedule, and therefore assistance from the court is necessary to provide a parent with the visitation or time-sharing with the child that they are entitled to.

Temporary orders may also be necessary in cases in which the factual circumstances warrant a need to ensure the safety and well-being of a child, sibling, or parent. For example, temporary orders may be necessary to protect the child in situations of abuse, abandonment, neglect or harm of a child. Likewise, temporary orders may be entered in circumstances involving alleged or confirmed abuse of a parent, such as with domestic violence. Further, in cases where there are simultaneous issues of abuse and jurisdiction, Florida courts may exercise ‘temporary emergency jurisdiction,’ as permitted by statute. Because issues involving abuse can involve several legal areas, including family, domestic, criminal, and dependency law, it helps to have a legal representative that is experienced in handling a diverse range of custodial matters.

Generally speaking, temporary orders will not affect final custody determinations. At the same time, the impact or duration of such orders often come into play in evaluating what is best for the child. Consider the effect of a temporary order in light of the fact that: (1) with younger children in particular, courts prefer continuity, permanency and stability; and (2) with older children, the court may consider the child’s preference.  Consequently, while temporary orders are indeed temporary in nature, parents must also remember that anything that occurs during the pendency of a final custody determination can potentially affect its outcome. The Child Custody attorneys of the Law Office of Alba & Yochim P.A. know that careful planning and aforethought are often critical in obtaining favorable results. Don’t wait until it’s too late—let US, help YOU!