TEMPORARY ORDERS

Traverse City, Michigan Child Custody Lawyer Jeanne Hannah

In appropriate cases, your lawyer might file motions with the court asking for temporary orders pending a full hearing by the court. Sometimes a court will grant temporary orders for child custody, child support, spousal support, medical payments, parenting time, and other relief. In appropriate cases, these motions are filed at the same time that your complaint for divorce is filed. Sometimes, they are filed later as a need may arise.

In some cases, a motion will be filed asking for a temporary restraining order. These orders may be required to prevent a party from accessing bank accounts or from dissipating assets. Sometimes these orders are used to preserve the status quo, such as making sure mortgage payments and other necessary expenses related to housing are made, preventing cancellation of health or other insurance, etc.

In cases where domestic violence is an issue, you may seek a personal protection order (PPO) to prevent injury.

How Temporary Divorce Orders Are Obtained

Child support, custody, mutual injunctions, and personal protection orders may be granted to the plaintiff without a hearing, although most courts will not issue orders for custody without a hearing unless there are very compelling reasons. Nevertheless, any order that grants temporary relief prior to a full hearing must state on the face of the order that the other party can file an objection with the court and get a hearing on the issue within fourteen days. These temporary orders are effective until one side or the other asks the court to change them. They are usually dissolved in the final divorce judgment and property settlement. PPOs, however, may continue to be effective.

Orders that maintain the status quo are commonly entered. In unusual cases, the court might award temporary fees to help a party afford his or her legal expenses, but normally -- at least in Northern Michigan, parties are left to pay their own legal fees and costs.

In Grand Traverse County, the Friend of the Court will investigate and make recommendations about child custody, parenting time, and child support. The FOC will present a recommendation and temporary order to the court for entry. Once that order is entered, a party who disagrees with the recommendation must file an objection within 21 days. Then the court will schedule the case for mediation, will schedule a status conference, and, if the parties are unable to reach an agreement on their own, a referee hearing will be scheduled. Because the procedures are different in other counties, it's important to discuss the court's expected procedure with your attorney.

Child support are usually based on a state-recommended formula. It's a rare event that the court will find any reason to deviate from the formula. Generally, spousal and child support is based on need and ability to pay. The court may also take into consideration the lifestyles of the parties. Any party contesting a temporary order for child custody should become familiar with the eleven specific best interests factors listed in the Child Custody Act. A client should be prepared to assist his or her lawyer in assembling the facts, the witnesses, and the exhibits that will be used in a hearing on a contested issue. You should schedule an appointment with a temporary child custody lawyer to discuss the procedures and preparations for a contested case.

To schedule an initial meeting with child custody and support lawyer Jeanne Hannah or just ask a question, call or send an e-mail today. You will find custody and support questionnaires on this website. Fill them out and mail them in to Ms. Hannah's office or schedule an appointment and bring them with you.

Contact Traverse City, Michigan divorce lawyer, Jeanne Hannah at 231-275-5600  E-mail child support lawyer Jeanne Hannah.

Family lawyer Jeanne Hannah serves clients throughout Michigan, including Traverse City, Kalkaska, Petoskey, Charlevoix, Beulah, Cadillac, Bellaire, Grand Traverse County, Kalkaska County, Emmet County, Benzie County, Antrim County, and Charlevoix County. 2005 Jeanne M. Hannah

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Jeanne M. Hannah, Family Lawyer
Postal address:5922 Deer Trail Drive, Traverse City, Michigan 49684 E-mail: jeannemhannah [at] charter.net
 

Practice Areas: Divorce  Custody  Parenting Time  Child Support Post-Judgment Modifications  Paternity  Adoption  Personal Protection Orders  Spousal Support  Property Distribution  Pre-Nuptial / Post-Nuptial Agreements Estate Planning Guardianships/Conservatorships  Neglect/Abuse Cases 

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Send mail to jeannemhannah [at] charter.net with questions or comments about this web site.

Copyright 2005 Jeanne M. Hannah. All rights reserved. Last updated November 2009

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