Temporary Needs in Family Law Cases
In many family law cases, there are pressing issues that cannot wait until a final trial or mediation to resolve. Often called Temporary Needs, these issues can range can include (but are not limited to):
- Custody disputes involving the children
- One parties’ need for spousal support
- A parties’ request for exclusive use of a marital home
Luckily, Florida law allows for litigants to file motions for temporary needs. These motions can lay out temporary requests for affirmative relief. They can be scheduled with a Judge or General Magistrate well before a mediation or final hearing.
Benefits of Temporary Needs Hearing
There are several benefits of having a temporary needs hearing in your case (if needed).
First, once a temporary order is entered, that order is binding on the parties and enforceable by the Court. An example of this would be if one spouse is withholding the child from the other spouse. If a Judge at a temporary needs hearing orders a certain timesharing schedule for the parties, the parties will have to abide by that schedule.
If one parent continues to withhold the child from the other parent they would be in of the temporary order. You could then file a motion for contempt to enforce the order.
Second, is you could get a preview of what the result could be if your case went to trial. When a Judge rules on a temporary needs hearing and issues an order you can guage the viability of your case.
However, while a Judge’s ruling at a temporary needs hearing does not necessarily guarantee they will side the same way at trial. It can, however, give the parties and attorneys at least a hint of what may be to come. This “hint” can encourage settlement before trial, which is usually preferable to rolling the dice at trial itself.
Do You Need a Hearing?
If you are going through a contested family law case (or are considering filing a case), keep the issue of temporary needs in mind. This is especially true if you believe there will be pressing issues that may be disputed by your significant other.
A favorable temporary needs order can set your case up for success in the future. If you have any questions about temporary needs in a family law case, or any other aspect of a family law case, give us a call. One of our experienced Jacksonville Family Law attorneys here at Harris Guidi Rosner will be happy to site down for a free consultation. Call 904-777-7777 or use our simple email contact form.