Temporary Custody Orders

Temporary Custody Orders
Temporary Child Custody Orders

What are Temporary Custody Orders? 

Temporary custody orders govern custody sharing between the filing of the custody case and the time that the court finalizes the case.  Typically, the court issues them after a hearing.  If a parent refuses to obey the order, the court can hold the parent in contempt.

Why Temporary Custody Orders?

It is typical for a custody case to last for several months before the court holds a trial or the parties negotiate a resolution.  In Idaho, these proceedings often take 6-9 months.  Often one parent is disadvantaged during that period.  One parent frequently prevents another parent from having a fair chance to access the children and to parent the children.  That situation leads to conflict and frustrations between the parents.  The children suffer without being able to spend time with both parents.  Temporary orders may help lessen the conflict between the parents.  Temporary Orders promote the best interests of the children by allowing the children to spend time with both parents.

How Temporary Custody Orders Work?

In Idaho, several court rules and statutes govern Temporary Custody Orders.  In particular, Idaho Rule of Famly Law Procedure 504 and Idaho Code § 32-717.  Generally, Temporary Custody Orders are obtained by filing a Motion for Temporary Orders and filing Affidavits in support of Motion for Temporary Orders.  There are strict rules regarding the number of affidavits that a party can file.  There is also a page limitation for the affidavits. The time limits for the filing of any Motions or an Affidavits are critical. Generally, Idaho Rule of Family Law Procedure 501 governs these limitations.  

The Motion for Temporary Orders must set on the court’s calendar.  The Motion and the Affidavits must be filed and served on the opposing party so that they are received at least 14 days before the hearing.  The affidavits must be very detailed and accurate.  Motions for Temporary Orders are almost always decided ONLY on the Affidavits filed.  The judge will likely refuse to accept evidence other than the affidavits already filed.  An experienced attorney can help your case by preparing the affidavits that contain all of the relevant information without exceeding the page limits imposed by the Rule 504.

Boise, Idaho Criminal Defense Attorney

Dinko is the lead Family Law Attorney at Atkinson Law Offices. He handles family law, divorce, and child custody cases. He is fluent in Bosnian, Croatian, and Serbian.

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