Despite their name, the first temporary orders in a custody battle often go on to shape the outcome of the entire case. It’s important that you’re prepared for these initial hearings, as even the slightest mistake can have lasting effects on your relationship with your child. Having a lawyer by your side for Boone County temporary orders hearings can be the difference between winning and losing.
What Are Temporary Orders in Columbia?
While the name implies these orders aren’t permanent, the final custody agreement often ends up resembling the temporary order. That’s why it’s important for a parent to do everything they can to protect their child’s interests in the Circuit Court of Boone County.
In 2022, one in four children was living primarily with one parent, underscoring the importance of custody orders. At the onset of divorce cases or custody battles, the court may issue temporary orders that outline legal custody of the child, visitation, and financial support one parent must pay the other. These orders are designed to provide stability to the child while the case proceeds. Breaking a temporary order can come with severe penalties, so it’s important to abide by it.
How Missouri Courts Decide on Temporary Orders
The primary concern of the court when it comes to creating temporary orders is the child’s best interests. Boone County temporary order laws are found in Missouri Revised Statutes 452.375, which provides eight factors the court should consider in creating a temporary custody order. These include the following:
- The plans submitted by both parents
- The needs of the child as they pertain to their parents
- The child’s relationship with each parent, any siblings, and others
- Which parent is most likely to allow contact with the other
- The child’s connection to the community
- The mental and physical health of the parents
- Either parent’s intention to relocate
- The input of the child
The law also outlines disqualifying factors for a parent to receive custody, many of which cover specific felonies and abuse of children. A temporary order attorney can help collect the relevant facts and represent you in court.
Preparing for Court
Temporary order hearings are less formal than the other hearings and potential trial involved in a custody case, but they still require evidence. Knowing the factors the court will consider when creating the order is crucial. As a parent, you should come to court prepared with your parenting agreement and proof that having custody is in the child’s best interest. You’ll want to show consistency and reliability. Your goal is to demonstrate your fitness as a parent.
It’s also important that you show a willingness to work together with the other parent. If you show you’re cooperative and generous with your parenting proposal, the court may be more open to granting you custody.
Next Steps After the Temporary Order Hearing
After the first hearing, the court will issue its temporary custody order. The judge will order mediation and set the date for additional hearings. Parents are encouraged to settle the matter in mediation or outside of the courtroom. However, if they can’t reach an agreement, the case will eventually go on to trial.
It’s essential that you follow all provisions within the order. A violation can mean you risk being held in contempt of court. This can come with fines, jail time, and other punishments. What’s more, it can compromise your chances of winning custody when it comes time for the court to issue the final order.
Keep in mind that this temporary order isn’t set in stone, and it can be amended prior to scheduled hearings if significant changes in circumstances for either parent arise. Speak with an attorney about your temporary order case to understand your options and prepare for what comes next.
FAQs
What Should You Expect at a Temporary Order Hearing?
At the temporary order hearing, expect the judge to rule on the parent who will maintain primary custody of your child until a more formal order is in place. They’ll also decide on a temporary visitation schedule and child support payments. Come prepared with evidence that you can provide stability to your child and that staying with you is in their interests.
Who Is Most Likely to Win a Custody Battle?
While the courts decide custody based on the best interests of the child, mothers were the custodial parents in 79.9% of cases in 2018. The court makes this decision based on who the primary caregiver is, each parent’s ability to support the child, and each parent’s involvement in the child’s life, among other factors. Showing a willingness to work with the other parent also works in your favor.
How Long Does a Temporary Child Support Order Last?
Temporary child support orders rarely have a set expiration date. They’re typically in place until a final order is issued by the court at the end of the case, or a significant change in circumstances occurs that warrants a modification.
What Should You Not Say at a Child Support Hearing?
There are many things you can say at a child support hearing that could jeopardize your case. The number one thing to avoid saying is anything disparaging of the other parent, especially in front of your child. The goal is to create a mutually beneficial agreement, and badmouthing the other parent won’t help. Also, avoid telling lies or exaggerating the facts. Stick to the truth and be prepared with evidence.
Hire a Temporary Order Lawyer From Stange Law Firm
The first temporary order hearing in a custody battle can be stressful. Even though these orders are subject to change, the final order often ends up reflecting this initial one. That’s why it’s smart to hire a temporary order lawyer to help you fight for your rights as a parent and protect the interests of your child. Contact Stange Law Firm today to discuss your case and learn how we can help you win your temporary order hearing.
