Temporary Custody Orders

What are Temporary Custody Orders? 

Temporary custody orders lay out custody sharing arrangements for the parents for the time between when the parents file the custody case and the time that the court finalizes the case.  Typically, the court issues them after a hearing.  If either parent refuses to obey the order, the court can hold the parent in contempt.

Why Temporary Custody Orders?

It is typical for a custody case to last for several months before the court holds a trial or the parties negotiate a resolution.  In Idaho, these proceedings often take 6-9 months.  Often one parent is disadvantaged during that period.  One parent frequently prevents another parent from having a fair chance to access the children and to parent the children.  That situation leads to conflict and frustrations between the parents.  The children suffer if he cannot spend quality time with both parents.  Temporary orders can help decrease the conflict between the parents.  Temporary orders promote the best interests of the children by allowing the children to spend time with both parents.

How Temporary Custody Orders Work?

In Idaho, several court rules and statutes govern temporary custody orders.  In particular, Idaho Rule of Famly Law Procedure 504 and Idaho Code § 32-717.  Generally, a parent obtains a temporary custody order when they file the motion for temporary orders and the affidavits in support of the request.  There are strict rules regarding the number of affidavits that a party can file.  The law also specifies a page limitation. The deadlines for the filing of any motions or affidavits are critical. Generally, Idaho Rule of Family Law Procedure 501 governs these limitations.  

The court will set a hearing on its calendar to hear the motion.  The motion and the affidavits must be filed and served on the opposing party so that they receive them at least 14 days before the hearing.  Detailed and accurate affidavits will help convice the court of your greivances.  The court decides these motions ONLY on the affidavits filed.  The judge will likely refuse to accept evidence other than the affidavits.  Consequently, you cannot plan on just showing up in court and telling the judge why he should rule in your favor.  An experienced attorney can help your case by preparing the affidavits that contain all of the relevant information without exceeding the page limits imposed by Rule 504.