Can I Get Temporary Custody Orders During My Fort Lauderdale Divorce?

A Fort Lauderdale divorce can take months to finalize, but when children are involved, waiting for a final custody order can feel impossible. Fortunately, Florida law allows parents to request temporary custody while their case is pending. These orders establish where the child will live, who makes decisions, and how parenting time gets divided until the court issues a final judgment.

If you’re going through a divorce in Fort Lauderdale, understanding how temporary custody works can help you protect your child’s stability and your parental rights.

How Temporary Custody Orders Work in a Fort Lauderdale Divorce

Making decisions regarding children is one of the most painful parts of a Fort Lauderdale divorce. Fortunately, you don’t have to wait for a final order.

Under the Florida Statutes (Section 61.13), either parent can request temporary custody or time-sharing while a divorce case is ongoing. Temporary orders can help protect your child’s routine and well-being during what can be a stressful transition. Here’s how the process generally works:

• Filing a Motion: One parent files a Motion for Temporary Relief asking the court to issue an order covering custody, child support, and sometimes temporary alimony.
• Scheduling a Hearing: The Broward County Family Court sets a hearing date to review each parent’s situation and determine what arrangement best serves the child’s interests.
• Evaluating Best Interests: Judges consider school stability, each parent’s caregiving role, and the child’s emotional and physical health.
• Issuing the Order: The temporary order stays in effect until a final parenting plan is approved or the court modifies it.
• Emergency Situations: If there’s an immediate risk of harm, a parent can request an emergency custody order for faster protection.

Temporary orders don’t determine the final outcome, but they often shape how Broward County judges view parental cooperation and caregiving roles later in the case.

Why Broward County Temporary Custody Orders Matter

Temporary custody isn’t just a stopgap. It can affect everything from your child’s daily life to your long-term custody rights. The court’s decisions during this phase are based on the same “best interest of the child” standard applied in final custody rulings. Here’s why it’s important to act quickly:

• Children benefit from having clear routines and consistent schedules while parents work through divorce.
• The order clarifies who handles school, healthcare, and extracurricular decisions.
• Having a court-approved plan reduces the chances of disputes or last-minute changes.
• If your ex violates the order, you can ask the court to enforce it.

Working with an experienced Fort Lauderdale child custody attorney ensures your motion addresses both your child’s needs and your parental rights from the start.

To Find Out if Temporary Orders Are an Option, Contact Our Experienced Fort Lauderdale Child Custody Attorney

Temporary custody orders can make a big difference during a Fort Lauderdale divorce. Whether you need emergency relief or simply want to stabilize your child’s routine, The Law Office of Sandra Bonfiglio is here to help. Contact us today and request a confidential consultation with our experienced Fort Lauderdale divorce and child custody attorney.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html

browardclerk.org/Divisions/Family