Temporary Orders in Florida: A Plain-English Guide for Parenting Time, Decision-Making, and Support
When a family case is open, life still has to run on a schedule. Kids need routines. Bills need to be paid. That is why Florida courts can enter temporary orders. These short-term orders set a parenting schedule, clarify who makes major decisions, and address child support or alimony until the case is finished.
What a temporary order does
A temporary order gives your family structure while the larger case moves forward. In a typical Florida case, the court can set time-sharing, parental responsibility, child support, alimony, and sometimes who stays in the home. These orders stay in place until the judge changes them or enters a Final Judgment. Think of them as a bridge. They are not the destination, but they help you cross safely.
Florida’s language: time-sharing and parental responsibility
Florida family cases refer to “time-sharing” and “parental responsibility,” rather than “custody.”
- Time-sharing is the schedule for where your child lives during the week, weekends, holidays, and school breaks.
- Parental responsibility is who makes major decisions about health care, education, and similar issues.
Florida law starts with a presumption that equal time-sharing is best, but judges can order something different if the evidence shows that equal time is not right for your child. At the temporary stage, the court looks at what keeps your child safe and steady right now.
When an emergency motion is the right tool
Not every urgent situation is an emergency. Use an emergency motion only when there is an immediate risk that cannot wait for a regular hearing. Examples include credible signs of abuse or neglect, a realistic concern about abduction or unlawful retention, or active substance abuse that puts a child in danger. Emergency motions must be verified and supported with specific facts. The court can move quickly when the situation truly calls for it.
What to file and how to prepare
Most families seeking temporary relief file a Verified Motion for Temporary Relief that explains what they need and why it is needed now. If time-sharing or support is involved, expect to file a UCCJEA Affidavit that lists the child’s recent addresses and any other custody cases, a Financial Affidavit, and a Child Support Guidelines Worksheet. These documents help the court set a workable plan.
Your exhibits should be clear and easy to follow. Include only what the judge truly needs: brief message excerpts, school notes, and medical records that back up each point you are asking the court to decide. Label them cleanly so the judge can find what you are referring to without digging.
After filing, your motion is served and set for hearing. Some divisions in Palm Beach County also hold short case-management conferences to keep things organized.
What the temporary hearing is like
Temporary hearings are short. You will testify under oath, and the judge will review the most important documents. Be ready to explain the basics of your child’s day: school start and end times, transportation, extracurriculars, and any healthcare or therapy schedules. Judges want a plan that works in real life, not just on paper. If you propose a schedule, make sure you can actually follow it.
You may receive a written order the same day or shortly after. The order will set the temporary schedule and any support amounts so there is no confusion about what will happen next.
Can a temporary order change?
Yes. If circumstances change in a meaningful way, or if a plan turns out not to work despite good effort, the court can revisit it on a proper motion. Support amounts can also be adjusted when the legal standard for modification is met. Bring new facts and updated records if you ask the court to change what it ordered earlier.
How cases get delayed and how to avoid it
Calling a routine dispute an “emergency” can hurt your credibility. Missing required forms delays hearings. Submitting huge document dumps makes it harder for the judge to find what matters. A better approach is simple and focused. Provide the right forms, organize your exhibits, and present a schedule that fits your child’s routine.
FAQ: Florida temporary relief
1) Will a temporary schedule decide my final parenting plan?
No. The judge takes a fresh look at the end of the case. That said, if a temporary plan works well and keeps your child steady, the court may view that as a positive sign.
2) How fast can I get a hearing in Palm Beach County?
Timing depends on the division and the court’s calendar. True emergencies can be heard quickly. Non-emergency motions are set as the docket allows. Clean, complete filings help avoid rescheduling.
3) Do I need to file financial documents for temporary child support?
Yes. The court uses your Financial Affidavit and the Child Support Guidelines Worksheet to set accurate support. Bring proof of income, health-insurance costs for the child, and childcare expenses.
4) What kind of proof helps most?
Short, specific records that support your request. Examples include school notices, medical notes, and concise message excerpts. Keep them organized and easy to read.
5) What if the other parent keeps the child beyond the schedule?
Document the incident. Your lawyer can ask the court to enforce the order. If safety is involved, targeted emergency relief may be appropriate. Do not try self-help. Ask the court for a lawful remedy.
Talk with a West Palm Beach family law attorney
If you are considering a motion for temporary time-sharing, parental responsibility, support, or emergency relief in Palm Beach County, we can help you steady the situation and protect what matters most. Call The Law Office of Eric C. Cheshire, P.A. at (561) 677-8090, or contact us online to schedule a consultation with a West Palm Beach child custody attorney.