Unfortunately, I utter this phrase more than I would like. However, in my line of work, it comes with the territory because, especially in the area of family law, each case is fact-driven and presents unique issues. 

In large part, however, what happens after a temporary custody court hearing in Family Court depends on the client and the opposing party. And, to take a step back, I think it is fair to say that what happens PRIOR to a temporary hearing in Family Court is a good indicator of what will happen AFTER a temporary hearing in Family Court.

On the other hand, to state the obvious again, if the parties cannot reach an agreement before the temporary hearing, the odds are the life of the case after the temporary hearing will be more contentious and stressful.

What is Temporary Hearing?

Often, though, parties do not have the time to reach an agreement before the temporary hearing, and it is then, post-temporary hearing, that the parties delve into the key issues of the case. 

The information gathered leading up to the temporary hearing plays a pivotal role in laying the foundation of the case. It also helps the party’s attorney determine the bones of contention between the parties.

After the request for a temporary hearing, the Temporary Order is filed, and its terms rule the parties’ behavior during the pendency of the litigation. 

In the meantime, the process of discovery begins, wherein the parties are able, by formal requests filed with the court, to seek information from the other party that is relevant to the case. 

Suppose there is no remote possibility of reaching an agreement because of the parties’ highly contentious positions and complete lack of desire to bend on any issues. In that case, the case is scheduled for mandatory mediation. 

If the parties can reach a full agreement beforehand. Mandatory mediation is an unnecessary step in the journey and the parties head straight to the final hearing.

What is a Final Hearing?

At the final hearing, the parties’ agreement is presented to the Family Court Judge, who reviews the agreement and determines. Whether she/he approves the terms of the agreement, asks questions of the parties regarding their understanding of the agreement. And ensures that the circumstances in which the agreement was reached were fair to both parties.

If the parties are unable to reach an agreement prior to or after mandatory mediation, the parties ready themselves for trial. Prior to trial, the parties and their attorneys prepare, prepare, and prepare to gather information to present at trial. Often, the parties and witnesses take of the dispositions. 

The parties continue to gather evidence. And exhibits to help prove the grounds for divorce or to help establish their case. For alimony, equitable distribution of the marital estate, division of the assets and debts, the valuation of businesses, and the child’s best interests regarding custody. 

At trial, the Family Court Judge is the decider of fact and rules after listening to the family lawyer on all issues presented by the parties.

It’s a long, winding and often diverging road to a final hearing. And, for better or worse, the parties primarily determine the course of the journey.

Immediate Orders Issued

Following a temporary hearing in the family court, the judge will make orders on the spot that define how the parties should conduct themselves in relation to major aspects of their lives before a final judgment has been made. 

These temporary orders are enforceable and relate to important issues of child access, child support, and marital assets. Below are some of the most common types of temporary orders issued in family court:

Temporary Child Custody and Visitation

Child custody and visitation orders are among the most important ones that may be made after a temporary hearing. Temporary physical custody means which parent will have the children during the trial period is also determined by the court in consideration of the welfare of the child. 

This decision can be affected by factors such as where the parent lives, the parent’s working schedule, and the stability that the parent can offer. 

At times the court may award joint custody or may rule that one parent has the child’s physical custody while the other may only have visiting rights. 

Temporary Child Support and Alimony

Another important matter addressed by temporary orders relates to financial support. The court may set an interim child support in order to provide for the children’s welfare during the trial. 

The amount is usually determined by using the child support guidelines of South Carolina where the income of both parents as well as the cost of child care, education, and health are considered.

Likewise, where one of the spouses needs some monetary support, the court may award temporary alimony. This is intended to help the spouse with lesser income to have some money throughout the period of the divorce. 

Use of Marital Property

Temporary orders also concern the usage of marital property during the process of the divorce. For instance, one of the spouses may be permitted to stay in the couple’s house while the other one vacates the house. 

These orders may also include how and when vehicles, furniture, or any other common property is to be used. It is to keep things status quo especially for the children while at the same time, both parties get the required resources without much quarrels.

Compliance with Temporary Orders

Preliminary orders therefore help determine how the day-to-day lives of both the spouses and their children will be run during what may be a lengthy legal process. 

It is required to adhere to these rules since their violation leads to penalties or impacts the decision made at the final hearing. All temporary orders should be complied with.

The Binding Nature of Temporary Orders

However, based on the temporary orders that are issued after the hearing in the family court, both parties are bound to comply. These orders are as legal as any other court order and must be complied with until that order is changed by the court or substituted by a final order when the case is concluded. 

Regardless of the orders given in the child custody, support payment, or the use of marital assets, it is essential to adhere to them to avoid facing legal repercussions and to establish consistency during the divorce or separation procedure.

The Legal Compulsion of Temporary Orders

Temporary orders are meant to help with what may be going on in the case such as child custody, visitation rights, and provisions for financial needs during the case. This is because these orders are legal and any activities conducted in contravention of these orders attract serious consequences. 

For instance, if one parent is awarded temporary physical custody, the other cannot refuse to return the child or deny access. Likewise, if one of the spouses is ordered to pay child support or alimony, these payments have to be paid in full and on time, regardless of the applicant’s belief.

Mediation and Settlement Discussions

In most situations, the case goes through an interim appearance in the family court followed by mediation or settlement conferences as the following stages of legal proceedings. 

These techniques are intended to bring about the resolution of disputes through means other than trial so that it is quicker and frequently cheaper. Mediation, in particular, is usually employed in South Carolina family court matters because it aims at achieving a common resolution by the two parties involved.

Moving Toward Mediation

Mediation is an organized bargaining process in which the parties to a dispute are helped by a third party known as a mediator. 

Mediation in family law is recommended by the court before the trial date is assigned to a case. Mediation is an attempt to enable both partners to reach an agreement on issues arising out of a divorce or separation such as custody and visitation rights, support payments, and division of property. 

Mediation is less formal and rigid in comparison with litigation and it often results in more satisfactory and innovative solutions than those reached in a court.

How Temporary Orders Impact Mediation

The temporary hearing helps both parties get an early feel of how the court will address their matter at the final hearing. For example, where one parent was awarded temporary child custody or a larger support order, they may feel more secure in seeking the same in mediation. 

On the other hand, the other party may come to the understanding that they require bargaining for changes given their changed financial or child-rearing needs.

Advantages of Reaching a Settlement

Settling a dispute is advantageous over trial in three ways, namely mediation or negotiation. First, it makes the final decision of the two parties more flexible since they can negotiate their way to an agreement according to their needs. 

For these reasons, settlements are usually less likely to cause problems than trial decisions and help to improve further co-parenting relationships.

Court’s Review of Temporary Orders

Contempt of court is when one of the parties violates an order of the court; Temporary orders made in family court are valid until the final determination of the case unless a party applies for a change. 

What needs to be emphasized is that temporary orders are not cast in stone. If the circumstances change dramatically, either party may seek the court’s review of the orders and the adjustment of those to the new reality. 

This process is important especially when the initial plan has proved impracticable or when new information comes up.

Seeking a Change of Temporary Orders

For parties seeking to alter a temporary order, he or she has to justify the alteration by showing that there has been a change of circumstances that warrants such change. 

For instance, changes in the job status, change in income, moving to another home, or extreme changes in the needs of the child may call for a change. 

The party must write an affidavit to the court asking for the review and the motion is then heard by the judge together with the other party.

Circumstances When a Review Might Take Place

There are several common scenarios where a review of temporary orders may be necessary:

Financial Changes

If the paying spouse either becomes unemployed or his income significantly drops then it is likely for him or her to ask for a change in child support or alimony. 

On the other hand, the receiving spouse becomes better off, and the paying spouse may ask for a decrease in maintenance payments.

Special Circumstances and Unusual Requirements

If one parent is transferred for work or family issues or if the present custody order is not suitable for the child, either party can petition for a change of custody or visitation rights. 

For instance, the custodial parent may change their working schedule, meaning they will have to change the visitation schedule to suit the child.

New Information

If new information appears that affects the case, such as evidence of misconduct by one parent, the court may reconsider its temporary orders. 

For example, if concerns about the child’s safety arise, the court may change custody arrangements to protect the child’s welfare.

Preparing for the Final Hearing

Although the temporary hearing establishes the overall framework of the rest of the case, it does not settle the case. 

Family court is a court that deals with families and common disputes and the final hearing in the family court is the final decision on the maintenance and living of both the children and the couple. 

In order to have the most favorable result possible, both parties have to be ready to compile all the evidence, witnesses’ statements, and other documentation that might be useful in this hearing.

Key elements to consider when preparing for the final hearing include:

Gathering Evidence

In family court cases, documentation is very important. Both parties should provide financial statements (pay stubs, tax returns, bank statements) to prove their financial condition and to prove that one party is capable of paying or the other party is capable of receiving support. 

In cases about custody, it may be useful to maintain records of parenting schedules, communication with the other parent, and the child’s requirements. 

Also, if any party is of the view that the other party is not adhering to temporary orders, or is being malicious, then the same must be recorded.

Witness Testimonies

Opinion evidence about the parenting abilities of the parties, the needs of the children, and the financial condition of the parties can be persuasive. Neighbors, relatives, teachers, or babysitters may provide information concerning the children’s routine, care, and security.

Other examples of proof include consultant evidence, which includes financial consultants or child specialists who are always called to support a party’s case.

Professional Evaluations

At times, the court may need expert opinions in matters pertaining to the parent’s fitness for parenthood, or the current custody arrangements may require a change, and hence the court will order home studies or even psychological evaluations. 

The elements of these evaluations should be taken with considerable seriousness especially because of the impact that they have on the court’s rulings.

At Max Hyde Law Firm, our dedicated team is committed to providing each client with personalized attention throughout their child custody case involving an out-of-state move. Let us guide you through the legal complexities of your situation and ensure your parental rights are protected. Contact us at (864) 804-6330 to schedule a free consultation and take the first step toward safeguarding your rights as a parent.