Q&A

What happens during a temporary hearing?

What happens during a temporary hearing?

At a temporary hearing, for example, a Family Court Judge receives temporary hearing packets from both parties, reviews those packets, hears from each party’s attorney regarding her/his client’s position on the matter, and then makes a ruling, on a temporary basis, as to what terms the parties will abide by until the …

How does a court make a temporary custody decision?

In making a temporary custody decision, the court will base its decision on a standard known as best interests of the child. In short, what are the best options to ensure the child’s physical and emotional development and well-being? Stability and continuity of the child’s schooling, activities, and family ties are important factors.

What happens at a family court temporary hearing?

Further, under Rule 21 (c), SCRFC, “affidavits filed at a temporary hearing need not be served on the opposing party prior to the temporary hearing.” Because the family court rarely takes testimony at temporary hearings and affidavits do not need to be provided beforehand, family court temporary motions are often described as “motion by ambush.”

What to expect during a child custody hearing?

A parent who would like more information about what to expect during a child custody hearing should speak to his/her attorney or visit a public child custody hearing to prepare themselves for the child custody case. The best thing for parents to do is to prepare in advance.

When does a court order temporary child support?

If the parents cannot come to an agreement regarding visitation, the court will determine an appropriate schedule, recognizing that it is in the best interests of the child to maintain a close and loving relationship with both parents. Temporary child support is usually awarded when a temporary custody order is issued.

In making a temporary custody decision, the court will base its decision on a standard known as best interests of the child. In short, what are the best options to ensure the child’s physical and emotional development and well-being? Stability and continuity of the child’s schooling, activities, and family ties are important factors.

A parent who would like more information about what to expect during a child custody hearing should speak to his/her attorney or visit a public child custody hearing to prepare themselves for the child custody case. The best thing for parents to do is to prepare in advance.

If the parents cannot come to an agreement regarding visitation, the court will determine an appropriate schedule, recognizing that it is in the best interests of the child to maintain a close and loving relationship with both parents. Temporary child support is usually awarded when a temporary custody order is issued.

How does a final child custody order work?

As with temporary orders, final child custody orders are usually based upon the agreement of the parents, or through a formal court hearing (trial). Just as the court has the ability to do for a temporary order, it can also employ its own investigators or experts for a recommendation after an investigation is complete.