Filing a Temporary Motion for Time Sharing
Conflicts in family court can take many months to resolve, so it is not uncommon for courts to issue a temporary custody order for the remainder of a case. Once the formal divorce proceedings are completed, the couple’s court ordered parenting plan will go into effect. Because divorce proceedings can go on for a long time, temporary time sharing orders can play a particularly important role in helping families transition to their new living arrangements. For help ensuring that your own temporary time sharing order reflects your own family’s best interests, please contact an experienced Fort Lauderdale temporary custody lawyer who can advise you.
What are Temporary Motions for Time Sharing?
As their name suggests, temporary motions for time sharing are a type of temporary relief motion, in which parents can request physical and legal custody during divorce proceedings. Typically, these motions will allow both parents to see their children according to a time sharing schedule and will also create guidelines for parental decision making. If one party requests it, a court could also issue a temporary injunction that bars the parties from permanently removing the couple’s children to another city or state.
When Can I File a Motion for Temporary Time Sharing?
Courts typically urge couples to come up with their own temporary parenting plans in an out-of-court setting. When this is not possible, however, the parties can submit a motion for temporary custody, in which a judge will be tasked with establishing a time sharing schedule after holding a hearing on the matter. At these hearings, both parties will be given the opportunity to call witnesses and present evidence to support their request for custody. It’s also important to note that once a court makes a decision granting temporary custody, the parties will only be able to modify the agreement if they can prove that a substantial change in circumstances justifies the change.
Emergency Motions for Custody
Issuing standard temporary time sharing orders is the norm for most family law courts. There are, however, situations when a judge will grant what is referred to as an emergency motion for custody. Generally, these orders are only granted in serious and limited circumstances, namely when one of a child’s parents believes that the child is in immediate danger due to:
- Suspected child abuse or neglect;
- The threat of child abduction; or
- One parent’s substance abuse problem.
Although only granted in rare circumstances, temporary emergency motions can help ensure that a child is protected from an abusive or dangerous parent. To learn more about requesting a temporary emergency time sharing order, please contact our office today.
Call Today to Review Your Legal Options with a Florida Temporary Custody Attorney
Please contact experienced Fort Lauderdale temporary custody lawyer Sandra Bonfiglio, P.A. at 954-945-7591 to discuss your custody situation. You can also contact us online and a member of our legal team will be in touch with you as soon as possible to help you set up a free initial consultation.