Temporary custody orders
A child custody determination can be a lengthy process. A court must conduct a hearing to determine if an Established Custodial Environment exists as defined in MCL 722.27(1)(c) then examine the 12 statutory best interest factors set forth in MCL 722.23. But what if you cannot wait for a hearing? Michigan law provides a mechanism for a court to enter a temporary custody order.
Temporary Custody Orders
Michigan Court Rule 3.207(C)(1) provides the Court with the authority to issue a temporary Custody Order. The court rule also provides guidance on how to obtain the order.
A request for a temporary custody order may be made at any time during the pendency of the case by filing a verified motion that sets forth facts sufficient to support the relief requested. (See: MCR 3.207(C))(1). A verified motion simply means the person requesting releif, verifies that the information is true to the best of his/her information, knowledge and beleif.
The temporary custody order requires sufficient facts to support the relief. Specific facts are important. For example, if you have credible evidence that a child may be in danger absent a temporary order for custody, you must provide the evidence.
Generally, a temporary custody order may not be issued without a hearing (MCR 3.207(C)(2)), however, a temporary custody order may be issued without a hearing (ex parte) pending a temporary order provided the court is satisfied by the specific facts that irreperable injury, loss or damage will result from the delay required to put the other party on notice. (See: MCR 3.207(B)(1))
A temporary order is in fact temporary and may be modified at any time during the pendency of the case, following a hearing and upon a showing of good cause. The Order must state its effective date and remains in effect until modified or until the entry of the final judgment or order.
For more information or if you are seeking assisitance in managing your situation, feel comfortable contacting us, we are here to help.
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