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
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.
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.
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.
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
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
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