When parents separate and begin the divorce process, one of the most urgent questions is who will care for the children in the meantime. Divorce cases in North Carolina can take months to resolve, so courts allow parents to request temporary custody orders. These orders provide stability and protect children while the divorce is pending.
If you are going through a divorce and need custody arrangements quickly, here’s how temporary custody orders work in North Carolina and what steps you should take.
Take care of your family and their future by contacting an expert North Carolina lawyer.
What Is a Temporary Custody Order?
A temporary custody order is a short-term decision by the court that sets out custody and visitation arrangements until a final custody order is entered.
- It determines where the child will live during the divorce process.
- It outlines each parent’s visitation schedule.
- It may also address temporary child support or decision-making authority.
The goal is to ensure children have consistency and stability while divorce issues are being resolved.
When Can You Request Temporary Custody?
You can request a temporary custody order as soon as divorce or custody proceedings are filed. Parents typically file for temporary custody if:
- They cannot agree on a parenting plan during separation.
- One parent believes the other poses a risk to the child.
- The child’s stability requires a formal arrangement.
In North Carolina, temporary custody is handled in district court as part of a child custody action under N.C. Gen. Stat. § 50-13.5.
How to Request a Temporary Custody Order
- File a Custody Complaint or Motion
- You must file a custody action with the district court. If divorce is already pending, custody can be addressed within that case.
- Request a Temporary Hearing
- Ask the court to schedule a temporary custody hearing. Courts usually hear these requests more quickly than final custody trials.
- Prepare Your Evidence
- Judges make decisions based on the best interests of the child. Be prepared to provide evidence such as:
- Living arrangements and stability of each home
- Work schedules and availability of each parent
- School and childcare arrangements
- Any concerns about abuse, neglect, or substance abuse
- Judges make decisions based on the best interests of the child. Be prepared to provide evidence such as:
- Attend the Hearing
- Both parents present their evidence. The judge then issues a temporary custody order.
How Judges Decide Temporary Custody
The court uses the same best interests of the child standard applied in permanent custody cases, but on a temporary basis. Factors include:
- Which parent has been the child’s primary caregiver
- The child’s schooling and community ties
- Each parent’s ability to provide a safe, stable environment
- Any history of domestic violence or criminal behavior
- The child’s own wishes, if age-appropriate
Because temporary orders are not final, judges often focus on maintaining stability until more evidence can be reviewed in a full trial. Contact a lawyer today.
How Long Does Temporary Custody Last?
A temporary custody order remains in place until:
- The court holds a final custody hearing and enters a permanent order, or
- Parents reach a custody agreement that is approved by the court.
This could be a few months or longer, depending on how quickly the divorce case moves forward.
Can Temporary Custody Orders Be Changed?
Yes. If circumstances change significantly—for example, if a parent loses housing or a child’s needs shift—either parent can file a motion to modify the temporary order. The parent must show that the change is necessary to protect the child’s best interests.
Why You Need a Lawyer for Temporary Custody
While temporary custody orders are short-term, they often influence the final custody outcome. Judges may be reluctant to change an arrangement that appears to be working well, even when entering a permanent order.
An experienced child custody attorney can:
- File your request for temporary custody quickly and correctly
- Present strong evidence of why your child should live with you
- Challenge false or exaggerated claims from the other parent
- Ensure the temporary order protects your parental rights while serving your child’s best interests
Trying to handle custody issues on your own can be a mistake that has lasting consequences for both you and your child.
Key Takeaways
- Temporary custody orders provide stability for children during divorce in North Carolina.
- They can be requested as soon as divorce or custody proceedings begin.
- Judges decide based on the child’s best interests, focusing on safety and stability.
- Temporary orders last until a permanent custody order is entered.
- Having an attorney is essential to protect your parental rights and strengthen your case.
If you are going through divorce and need temporary custody in North Carolina, the sooner you act, the better you can protect your child and your rights. At Martine Law, our attorneys handle custody cases with experience and compassion, fighting for arrangements that truly serve the child’s best interests.