A temporary order for child custody is usually filed when couples separate or decide to file for divorce. Before a formal custody hearing is scheduled and until a final divorce decree can be issued, one or both parents will want children to either live with them temporarily or at least have visitation rights. The parent seeking to become the child's legal custodian can file a temporary order for child custody in civil court. A hearing may be set for seven to fourteen days after filing so that a judge can hear both parents and determine where a minor or adolescent dependent will reside. Filing a legal order to become a temporary custodian can give one parent the advantage over the other, especially if mothers and fathers intend to battle over the children. But the courts will have the best interest of the minor at heart; and battling over offspring can be done judiciously without injury or malicious defamation of character. "Ye shall not need to fight in this battle: set yourselves, stand ye still, and see the salvation of the Lord with you, O Judah and Jerusalem: fear not, nor be dismayed; tomorrow go out against them: for the Lord will be with you" (II Chronicles 20:17).
Parents who are victims of domestic violence or whose spouses or significant others lead unscrupulous lifestyles may be concerned with the safety of minors. To prevent kids being exposed to an unhealthy or unsafe environment, a concerned parent will need the added legal leverage a temporary order for child custody provides. A non-custodial mother or father will have limited access to a minor with scheduled visitations. The temporary injunction will specify summer, holiday and weekend visits and their duration while adults work out the details of a divorce or separation. Because the order is a legal document, non-custodial parents are obligated to comply with its provisions. Violation of a court order is considered "contempt of court" and carries a fine or imprisonment for kidnapping. A court-ordered injunction is useful in instances where non-custodial parents may be tempted to flee the state of jurisdiction with a minor. Provisions of the order should include stipulations to prevent interstate travel with a minor dependent.
Once the temporary order for child custody is filed, the parent who seeks permanent custody should keep a copy of the proposed visitation schedule and record each date, time and place the child interacts with the other parent. Missed visitations or occasions a child was returned late are significant findings during a court hearing to determine permanent custody. Non-custodial mothers or fathers who intend to contest custody should also record parent/child interactions. In a court of law, cases are usually won by individuals who submit the most thorough documentation to substantiate a claim. Judges are not moved by emotion or hearsay; however a detailed calendar of visits on holidays, during the summer, or weekends paints a black and white picture of a mother or father's involvement. Scheduling software packages are available online which make keeping track of dates, times and places a lot easier than working with manual calculations.
Parents who file a temporary order for child custody should also take care not to infringe on a non-custodial mother or father's rights of visitation. While a judge will look favorably on accurate recordkeeping, he will not appreciate a violation of the other parent's rights. Children are entitled to maintain healthy relationships with both the father and mother regardless of their inability to cohabitate. A temporary order for child custody should have sufficient flexibility to allow changes in scheduled visits due to employment demands, illness, or other factors beyond a non-custodial parent's control. It is ethically wrong to penalize a former spouse or significant other by neglecting to have a minor ready to be picked up or changing plans at the last minute. "Every way of man is right to his own eyes: but the Lord pondereth the hearts. To do justice and judgment is more acceptable to the Lord than sacrifice" (Proverbs 21:2-3).
To enforce a temporary order for child custody, the responsible adult should contact the child's school and notify authorities of relevant provisions included in the order. The school principal and teachers need to know who is authorized to pick the minor up from school. In some cases, irate fathers and mothers may use children as pawns to strike back at one another. Emotionally distressed fathers or mothers have been known to intercept children at schools, playgrounds or recreation centers -- a direct violation of the injunction. But a legal document and exercising good common sense can prevent mishaps, or even kidnapping youngsters.
Custodial parents, however, should not be motivated by fear but seek to provide a fair and equitable temporary order for child custody that is in the best interests of the minor. While the majority of a kid's time will be spent with the custodial mother or father, care should be taken to give children a well-rounded life with as little disruption as possible. Because youngsters require routines and structure, both parents should agree to work together to make visitations as less intrusive as possible. Adults bickering over custody schedules should not overshadow a child's desire to spend quality time with each parent. Working together in spite of a separation or divorce decree, being civil to one another in the presence of the minor, showing mutual respect, and being accountable to one another to comply with the temporary injunction will make the transition from a two-parent home to a dual parent/child interaction more of a blessing and less of a curse.
Temporary Order For Child SupportA parent may petition for a temporary order for child support to continue caring for a minor pending a legal separation or final divorce decree if an agreement cannot be reached out of court. When couples decide to separate, children still require housing, clothing, food, education and medical care. A final decree for marital dissolution can be a lengthy process, but youngsters can not wait for the courts to decide their fate. Custodial parents can petition the court for a temporary order for child support and receive payments from the obligor before a final order for maintenance is issued. The state is primarily concerned that children be maintained as closely as possible in the condition that preceded the divorce action. Marital dissolution or separation is difficult enough without making innocent kids suffer for their mother and father's inability to coexist. In an ideal situation, parents should be able to sit down and calmly discuss how their children will be supported without going to court. Ex-partners should strive not to involved minors in adult fairs, or make pawns out of dependent children. Mothers cannot withhold visitation rights from fathers in an effort to force them to make larger payments than the court orders.
Also termed a"'pendente lite" in some states, a temporary order for child support will take into consideration both parent's income and assets, how many children the couple has, the age of each child, and whether the mother or father will be the primary caregiver. The court will balance income versus expenses for each child. States may use different scales to calculate payments under a temporary order for child support. If a non-working mother is the custodial parent, the bulk of maintenance will come from the kids' father. A custodian or guardian with regular income will share the burden of supporting minor children with the obligor parent. Many mothers or fathers responsible for paying maintenance agreements may make the mistake of giving money directly to the custodial parent; but money should be paid directly to the court in the state of jurisdiction. Child support agencies are responsible for forwarding payments to custodians in a timely manner. If payments are not made directly to enforcement agencies, the court views payments made to a single mom as gifts and the obligor will not receive credit.
A judges ruling in a temporary order for child support takes affect immediately; and the obligor is required by law to pay. Violation of an order can result in revocation of the obligor's driving license or wage garnishment. Deadbeat dads may avoid complying with the decree by hiding income, claiming a disability and inability to become gainfully employed, or quitting a job to reduce income. But the judge and God frown upon parents who fail to keep their obligations to dependent children. An obligor may be required to produce proof of income and turn over records of personal assets to the court or risk losing some civil liberties. A man who is man enough to father children should be man enough to make sure that they are fed, clothed, and housed. "But if any provide not for his own, and specially for those of his own house, he hath denied the faith, and is worse than an infidel" (I Timothy 5:8).
Custodial parents may want to consider hiring an attorney to fight for adequate payments under a temporary order for child support; and to ensure that payments are made on time. The benefit of a court-ordered decree is that single parents can know how much financial assistance will be forthcoming to provide for dependent children on a monthly basis while awaiting a final judgment on the divorce. Because of marital dissolution, single mothers and fathers may have to make huge adjustments in meeting household expenses. Most of the time, maintenance payments under a temporary injunction will not allow for frills, such as entertainment, a vehicle, exorbitant electronics, cell phones, cable television, or summer camps. Custodial parents should discuss the necessity of living within their means with minors and teens in a way they will understand. While an obligor's court-ordered payments will help with the basics, rarely is there room for extras. Youngsters who are accustomed to getting what they want may have to adjust not only to not having the other parent in the home, but also to a decreased style of living. Divorce does everyone a disservice, including dependent kids.
Maintenance payments under a temporary order for child support will be taken into consideration to determine court-ordered settlements when the final divorce decree is issued. In many cases, obligors will continue making the same amounts to the court after the divorce becomes final. That is why a custodial parent may want to retain legal counsel when initially applying for a temporary order for child support. Getting maintenance increased after the judge issues a permanent judgment is possible; but tedious. A single mom or dad must submit documentation to the court to substantiate a claim for increased payments, including mortgage or rental contracts, medical or dental expenses, and statements from a child's school or daycare facility. In cases where children require increases in health care, education, or special dietary needs, the state that issued the original order can determine the amount of increase. Custodial and non-custodial parents, working in conjunction with child support enforcement agencies and state authorities, can ensure that dependent children live in relative comfort, receiving the medical, educational, emotional and financial support they need to thrive.