In the state of Utah, a temporary order can be issued with respect to many family law issues, including child support, alimony and parenting time, and it must be followed by all parties involved. This temporary order is usually used until a finalized decision by the judge can be made.
In general, one party files a motion for a temporary order with the petition for divorce. If parentage of the child has not been established when the petition for divorce was filed, the motion for a temporary order must be filed with a petition to establish parentage. Once the child’s parentage decree has been filed, the temporary order may be modified to include child support and establish a temporary parenting schedule so that both parties may continue to have a relationship with their child.
There are several other steps that must be finished before a motion for a temporary order can be finalized. For example, if the temporary order includes children, the parent must take a divorce orientation course before the temporary order may be issued. Additionally, the motion for the temporary order must include specific reasons on why the court should grant the request. A parenting plan, which determines how decisions regarding the child’s welfare will be handled, must also be included with the motion.
When a Utah parent is going through the divorce, the process can seem especially daunting due to the number of steps and documents required in order to seek a temporary order. Because each case is unique, parents should seek divorce advice. A family law attorney may assist a parent involved in a custody dispute by negotiating a visitation plan that is in the best interests of the child.
Source: Utah Courts, “How to get a Temporary Order”, accessed on Feb. 25, 2015
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