Can a Temporary Custody Order Turn Into a Permanent Custody Order?

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A question I get asked quite a bit from my clients and my potential clients is whether or not a temporary custody order can turn into a permanent custody order. The short answer is yes it can.

A lot of times if you are involved in a case and you want the court to enter orders while the case is proceeding but before there is a final decision made, what you have to do is ask the court to enter temporary custody orders. If you and the other party can’t agree on what those temporary custody orders are going to be about…custody/decision making and parenting time with the kids, then the judge will make the decision for you.

At least where I practice temporary orders hearings are very abbreviated and often times they are an hour or less. You have a very limited time to conduct discovery before these temporary orders hearings and a limited time to actually present evidence. So, the result of a temporary custody hearing may not be the best result you can get if you had had time to explore, discover and disclose information.

What I have seen often times is that when a judge reaches a conclusion in a temporary custody orders hearing, it often times sets the stage for final orders to be put in place. Often times the person who has prevailed in a temporary custody hearing, (although I think there are really no clear winners and losers in family law) is often in a position to the tell the other party, “Hey, we had this temporary custody hearing and this is what the judge saw, this is what the judge heard and made these decisions, so I think it would be a waste of time for us to continue with this lawsuit. So let’s settle on the basis of the temporary custody orders that have been made.

You have to look at the circumstances of your case very carefully. It may be that if there is not a lot more information that you would have presented to the judge during your temporary custody orders hearing, it may be a good idea to settle and use those temporary custody orders as a guideline. On the other hand, if the temporary custody hearing happens really early in your case and you haven’t had a chance to do all the due diligence in your case that you want to do, that you need to do to uncover all of the information that you know is out there that you can present to the judge. Then it may not be in yours or your kids’ best interest to settle on the basis of those temporary orders.

As in every case, it always depends. You have to look at the circumstances of the situation, but it is true that temporary custody orders can turn into permanent custody orders depending on your situation.

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Wendy Hernandez is a family law attorney in Phoenix, AZ and founder of Command the Courtroom which teaches you how to handle yourself in court and achieve the best outcome when representing yourself in your divorce or child custody case.

Download my FREE ‘Child’s Best Interest Checklist’ at http://www.commandthecourtroom.com

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Legal Disclaimer:

This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship. An attorney-client relationship is only formed when you have signed an engagement agreement. We cannot guarantee results. Past results do not guarantee future results. Consult with an attorney for information regarding the specifics of your case. #custody #custodybattle #childcustody #custodyrights #custodycourt #custodycases #custodylawyers

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