Also known as: interim custody orders · temporary custody order
Written by attorneys · grounded in primary & secondary sources — see below
A court order granting temporary custody of a child to one party during the pendency of a custody proceeding. The order is issued on motion supported by affidavit and applies the best-interests standards that govern final custody awards. The court may decide after a hearing or, absent objection, on the affidavits alone.
Ira Irving moves for an interim custody order in the pending divorce, attaching an affidavit detailing his predictable work schedule and primary role in school drop-offs. Ingrid Innes files a counter-affidavit but raises no objection to decision on the papers. The court awards Ira interim custody of the children based solely on the competing affidavits under the best-interests standard.
Ismael Ibrahim files a motion for an interim custody order supported by affidavit proposing a week-on week-off schedule during his off-call periods. Isabelle Inman responds with a counter-affidavit disputing the schedule's stability and objects to any ruling without a hearing. The court schedules a prompt hearing to evaluate the children's best interests before entering any interim order.
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A party must file a motion supported by an affidavit setting forth facts that justify the requested order. Notice and a copy of the affidavit must be given to other parties, who may file opposing affidavits. The court then decides whether adequate cause exists for a hearing.
Supporting sources
The court may award temporary custody solely on the basis of the affidavits if no party objects to that procedure. When an objection is filed, the statute requires a hearing before any order issues.
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No. The statute authorizes a temporary order whenever a party properly moves for one in a pending custody proceeding. An emergency may make relief more urgent but is not a statutory prerequisite.
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The temporary order is vacated unless a parent or custodian moves that the proceeding continue as a custody action and the court finds after a hearing that the circumstances require entry of a custody decree.
Supporting sources
…he awarded Defendant Coppage custody of Richard Roe after making a finding that he was the natural father of the child. The temporary custody order gave Margaret Wambles “the right to petition the court for custody of [Richard Roe] at any future date.” Plaintiff Wambles’ first petition for custody, filed on August 5, 1975, along with…