How to Prepare for a Temporary Custody Hearing


When you first begin a divorce with children involved or a child custody case is filed under other circumstances, the first step is to set temporary custody orders that are followed until a final determination is made. In many cases, the temporary orders become the final orders. However, in some cases, the temporary orders are changed to fit the determinations of the judge and the needs of the parties involved, including the children. It is important to prepare yourself for the temporary custody hearing to ensure that the orders help the children transition.

  • Observe child custody court cases at your local courthouse to get a feel for how judges typically rule and what is asked of you and the other parent. These hearings are often open to the public. Contact your local courthouse for a schedule for family court. Observing cases also gets you familiar with the location of the courthouse and where to go on your hearing date.

  • Evaluate who has been the primary caretaker for your child up to this point. Especially when it is early in the process, it is important to keep things as consistent as possible for your child. This means allowing her to spend a majority of her time with her primary caregiver.

  • Make a list of other things you want to ask for in the temporary orders, such as how much time you feel the other parent should get and why, who is responsible for transportation and any other special considerations. For instance, if you are going through a divorce and the other person was unfaithful, you may want to ask that no one new is introduced to your child at this time.

  • Consider what the other parent is asking for, if he is the one who has started the process. Being familiar with what the other parent wants and why can help you decide whether to accept what he is asking for or counter with your own offer. It also will help you be prepared to respond to any questions the judge may have in regard to the request of your child's other parent.

  • Set up an appointment with your attorney prior to the temporary custody hearing to go over your plan. Your attorney can give you input on what you are asking for and how the judge who is hearing your case typically rules. She can advise you on which things you are most likely to get and what you will not get.

Tips & Warnings

  • Ask for what you ultimately want in your final orders. Most temporary orders become permanent -- unless one parent can prove that the temporary orders were not in the child's best interest, or if both parents agree to a change.


  • Photo Credit Jupiterimages/Comstock/Getty Images
Promoted By Zergnet


You May Also Like

Related Searches

Read Article

What is Motherhood? 12 Women Lay Their Hearts on Their Sleeves

Is DIY in your DNA? Become part of our maker community.
Submit Your Work!