What is this? We already have custody outlined in our sep. agree. Ex is suing to modify but we have trial set for Aug. but now there is a Temp. Hearin in April? What is this and what can happen?
A temporary hearing is a short hearing intended to put a schedule in place leading up to trial. The judge will conduct a short hearing to determine an appropriate schedule for the children leading up to the full hearing in August.
What if we already have a sep. agreement custody schedule in place?
The court will look to the separation agreement and may presume the schedule it outlines to be in the best interests of the child, however courts are never bound to a separation agreement when it comes to child custody and they are free to establish orders that are inconsistent with the agreement if the schedule in the agreement does not appear to be in the children’s best interests.