When you are a parent considering divorce, you may wonder how child custody and support will be handled during the divorce, which can sometimes take months to resolve. You may also have questions regarding who will remain in the family home, how bills will be paid, and whether you can count on any financial support from a higher earning spouse before the divorce is finalized.
Temporary Orders in a Custody Case
Because children will need structure and support while the divorce proceeds, a party to the divorce may request temporary orders at the beginning of a child custody or divorce case. Both parents will attend a temporary order hearing to weigh in on who will maintain custody of a child during the divorce based on what is in a child’s best interest. Temporary child custody orders can address the legal custody and physical placement of a child; whether a parent can move a child outside of the court’s jurisdiction; whether either party will pay child support, and whether counseling is needed for one or both parties.
Temporary Orders in a Divorce
Temporary orders in a divorce case will typically include orders for property division, such as whether one parent will reside in the family home while the divorce proceeds, often for the benefit of a child, or orders may address how other property will be handled before a divorce settlement is reached. Temporary orders often include a provision for debt repayment or the payment of invoices so that bills do not go unpaid. Alimony may be awarded to a lesser earning spouse.
Emergency Orders
The turnaround time for temporary orders involving children is relatively quick; typically they are granted within a 30 day period to ensure the continued stability of a child. If there are issues of abandonment, abuse, or neglect, the court can hold an emergency custody order hearing ex parte. This means that one parent can file an ex parte petition asking the court to grant temporary custody of a child without having to notify the other parent based on evidence that the current situation is not safe for the child. Ex parte orders will be created outlining the extent and timeframe of the emergency orders, usually until a hearing for temporary orders are held with both parents in attendance.
Contact an Experienced Wisconsin Family Law Attorney for Help
Many who are considering divorce with children have concerns regarding their child’s wellbeing during the divorce, well before all the issues have been negotiated are finalized. It is important to work with an experienced divorce lawyer specializing in temporary child custody orders to ensure that your child is supported both financially and emotionally throughout the process while working toward a favorable outcome. Contact Probst Law Offices for help at 414-210-3135.