Have you and your significant other recently ended your relationship? Are you seeking temporary or permanent custody of your children? Understanding the duration of a temporary custody order in Pennsylvania is crucial for successfully navigating the child custody process.
In this article, the experienced family law attorneys at Schwartz, Fox & Saltzman, LLC provide an overview of the typical timelines and factors affecting the duration of temporary custody orders.
The Length of a Temporary Child Custody Order Depends on the Judge
A court can issue an interim custody award under Pennsylvania law (23 Pa.C.S.A. § 5323(b)). The statute does not specify the length of time an interim order remains in effect. In short, a temporary child custody order remains in effect until it is modified or until a judge issues a final custody order.
Does a Temporary Custody Order Become a Permanent Order?
The answer is “It depends.” If neither parent objects, or if the Court so orders, the terms of a temporary order may be incorporated or merged into a final custody award. If the issue of child custody is fully litigated, the terms of an interim order may become permanent if a judge determines it is in the child’s best interest.
Can You Modify a Temporary Child Custody Order?
Yes, an interim custody order can be modified under Pennsylvania law (23 Pa.C.S.A. § 5338). To modify a temporary child custody order, the parent seeking the modification must demonstrate the modification is in the child’s best interest. If you are seeking to modify a temporary child custody order, you must present evidence demonstrating you can better care for your child.
What Happens When One Parent Disagrees with a Temporary Custody Order?
A temporary child custody order remains valid even if one parent disagrees. The parent who disagrees can file a petition to modify. If you disagree with the temporary custody order issued by the court, you should consult and retain an experienced family law attorney before seeking a modification.
How to File for a Temporary Child Custody Order in Pennsylvania
The procedures for obtaining a temporary child custody order vary depending on which court handles the case. A family law attorney can guide you through the steps involved in filing for a temporary child custody order in Pennsylvania.
Talk with an Experienced Philadelphia Custody Attorney on Temporary Orders
The laws and requirements for obtaining a temporary child custody order are complex. An experienced custody lawyer in Philadelphia can help navigate the complexities of the legal process and build a strong case on your behalf. Contact Schwartz, Fox & Saltzman, LLC today to obtain a free consultation with one of our Philadelphia child custody attorneys and to learn more about our services.