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Tips for Preparing for a Temporary Hearing in Family Court

Family Court cases can take a long time and may involve several court hearings. Temporary hearings are typically held early in the case.  They may be used when a client needs the Judge to make decisions on issues that need to be addressed quickly and on a temporary basis. What the Judge orders at the temporary hearing lasts until the next hearing.  At a temporary hearing, a Judge may order a temporary parenting plan, temporary child support, or temporary alimony. If the parties are married, the Judge may also decide who gets to use the marital home or vehicle. The Judge may also order restrictions about behavior of the parties. For example, the Judge may order that the parties cannot sell property that was purchased during the marriage or that they cannot talk badly about each other in front of the children. 

If an attorney knows that the case is likely to be contested, he or she may request a temporary hearing to ask for some deadlines to be established in the case.  In Family Court, if the parties do not agree about some issues, they must attend mediation. Mediation is a process where a third party, typically a trained and certified mediator, helps the parties try to reach an agreement. At the temporary hearing, the Judge may determine which mediator the parties should use and how the parties should pay for mediation. Typically, the Judge makes both parties divide the cost of mediation. You and your attorney will discuss what mediation option is best for your situation. You can then ask the Judge for that option. Ultimately, the Judge will make the decision about the choice of the mediator, the payment, and the deadline for mediation.

If the parties disagree about what is best for the children, the Judge will appoint a Guardian Ad Litem. This person will do an investigation of custody issues and will write a report for the court about what they found. The Guardian Ad Litem may visit the homes of both parties and speak to the children’s teachers or other family members. He or she may also look at the children’s medical records and search for other information about the children. It is important to cooperate with the Guardian Ad Litem. However, what you say to the Guardian Ad Litem is NOT protected by attorney-client privilege. At the temporary hearing, the Judge is likely to also decide how the Guardian’s fees will be handled. Typically, both parties are ordered to contribute to the fees. The Judge may also order the parties or other key adults in the case to take drug tests. 

Tell your attorney the truth about your situation, even facts that you think may hurt your case. If your attorney does not know these things, he or she cannot represent you effectively. Some facts that could hurt you include dating someone else while you are still married, drug use, and recent criminal history. What you post on social media can be used against you in Court. In the next segment, we will discuss the forms used at temporary hearings and how you can help your attorney represent you.

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