What Happens At A Temporary Custody Hearing?

When you decide to separate with or divorce your spouse, you should be prepared for a Temporary Orders Hearing. This notice may only give a few weeks or days to prepare.

how to win a custody hearingWhat to Expect at a Temporary Custody Hearing

 Remember there are a number of orders that will come out of that hearing that may affect the pending divorce later on.

So organize yourself and prepare all the needed exhibits for the hearing as you wait for the notice whether you are the petitioner or the respondent. There have been instances where the respondent received a 3 day notice for a Temporary Orders Hearing.

How to Win a Temporary Custody Hearing

Consider preparation for a Temporary Custody Hearing as a kind of “homework”.  As you prepare, add details to the documents you are preparing to make work easier for the attorney representing you during the hearing.

Below are some of the ways you should prepare for the temporary custody hearing:

  • Write a detailed history about your marital relationship, which should include dates and facts that support your case
  • Do not forget to pick the pictures, videos and other visual aids that you will present before the court as evidence
  • List all the reasons why you are the best choice for custody and include facts and dates
  • Write down a list that specifies why the other spouse should not be given custody and include facts and dates
  • List all the names, addresses, and telephone numbers of possible witnesses you may need during the temporary hearing and;
  • Write a summary of what the possible witnesses know and if they may need a subpoena
  • Make sure all your financial information is ready before the hearing
  • Consult your attorney to help you review your plan
  • Come up with a plane on how you will support your children as the divorce remains pending

Discuss all these points with your lawyer to help you pick only those that are relevant at the hearing. The hearing will take place before a judge, and the judge will hear evidence from the parties before making a decision.


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Appearances During Testimony Are Important

When you are in court you will be expected to testify either to a judge or to a jury. So know that first impressions will matter. Women should wear darker clothing and light make up but without flashy jewelry while men should wear a suit with a tie.

No matter how nervous you are, do not take alcohol or anything that may affect your nervous system before you go to testify. Jurors, the judge and the attorney of the other party will be observing you in and out of the court. So be courteous at all times and answer the questions seriously without joking.

The other people that will be present in the court will be your spouse and your spouse’s attorney, a bailiff, and a court reporter.

Issues addressed in a Temporary Orders Hearing

All divorce or separation situations are unique, so the issues that are addressed in a Temporary Orders hearing are not always the same. Generally, a Temporary Orders Hearing helps resolves issues concerning child support, spousal support, sale or possession of family home, and more.

The orders given are temporary, meaning that they can change when the divorce is finally complete.