Mediation and Temporary Custody Hearing

North Carolina Divorce Law Divorce and Separation Answers
1

Hello,

I have a temporary hearing coming up for temporary custody, Child Support, and Spousal Support issues. I had requested to add temporary custody to the calendar in response to my STBX’s filing for Child Support, and Spousal Support. We have our first mandatory court mediation and orientation scheduled for a date that is after the temporary hearing. Would the Judge make a ruling regarding temporary custody prior to mediation? Do I have to have gone through mediation even for temporary custody? This case is in Orange County.

Thank you in advance for your help.

Regards,
Dadneedshelp

2

Yes, temporary custody can be heard prior to the court-ordered mediation that you are required to attend before permanent custody is heard. The purpose of a temporary hearing is for the court to set a schedule for the children while a full trial is pending. The temporary hearing is very short, usually each side is limited to a half an hour to present their evidence, and so typically the parties are the only ones who testify. Affidavits of other witnesses may be submitted given the short court time allowed.