During divorce, custody or dissolution of domestic partnership proceedings, certain issues may need to be addressed prior to the final resolution of the case. For example, child support, child custody, parenting time and spousal support are ongoing issues that cannot wait until your case is finalized. These issues need to be addressed on a temporary basis until the divorce, custody or dissolution of the domestic partnership is finalized.
If short-term issues regarding your children and/or finances need to be addressed now and cannot wait, consult with a lawyer at Jensen & Leiberan to be fully informed about your rights and options.
There are different types of temporary support orders and custody orders. Our family law attorneys can skillfully assist you with filing documents to request:
- A temporary protective order of restraint ("TPOR"), which maintains the status quo (existing routine) in matters relating to your children. The main goal of a TPOR is to maintain stability for the children. If you request a TPOR, you may request that an order be entered stating that neither parent can take the children out of state, and the children's environments and schedules should remain as they were as much as possible prior to the commencement of the divorce, custody or dissolution of domestic partnership proceeding.
- A limited judgment which is an order for temporary support. A limited judgment can require a party to pay either child support, spousal support or both types of support.
- A pendent lite order relating to custody of the parties' children, a parenting time schedule, a request for exclusive use of the parties' home, and a request that the court make other rulings relating to payment of family bills and other financial issues.
- A restraining order under the Family Abuse Prevention Act ("FAPA") can help keep victims of domestic violence safe. There may be a support award attached to the restraining order, as well as an order relating to custody and parenting time for the parties' joint children.
- An emergency custody and/or parenting time order. In Oregon, an emergency custody and/or parenting time order may be obtained if a child is in immediate danger. Different procedures must be followed to obtain an emergency custody order, depending on whether or not a custody judgment has previously been entered in relation to the parties' children.
Whether you are seeking or responding to a motion for temporary support, temporary custody / parenting time schedule or a restraining order, it is important that you seek legal advice from an experienced family law order prior to the litigation of the temporary order or judgment. Some types of temporary orders or judgments can have a significant impact on the litigation of future issues in your divorce, custody or dissolution of domestic partnership case.
In some cases, temporary orders for custody and/or parenting time may set a precedent for the final custody determination and parenting time schedule. The evidence presented in relation to requesting or responding to a FAPA restraining order can be pivotal in cases where parties later litigate custody and parenting time issues in their divorce, custody or dissolution of domestic partnership case. Although temporary judgments for financial support are not necessarily for the same amount of child and/or spousal support that will be ordered in the final judgment of a case, the impact of such temporary judgments may later be used as evidence of each party's financial needs or ability to pay support.
Contact a Portland Area Attorney
For more information or to schedule an appointment with an experienced lawyer regarding temporary orders in Oregon or Washington, please contact us online or call (503) 641-7990 at our Portland law office.