Temporary custody orders in Utah, governed by Utah Code Section 30-3-12, allow the court to establish a temporary parenting arrangement while a divorce or custody case is pending. These pendente lite orders provide immediate structure for the child’s care until a final custody determination can be made.
Last updated: July 2026
Key Takeaways
- Temporary custody orders under Section 30-3-12 provide a parenting schedule while the case is pending.
- The court bases temporary orders on a preliminary best interest analysis, not a full evidentiary hearing.
- Temporary orders can address parenting time, child support, and decision-making authority during the pendente lite period.
- Either parent can request a temporary custody order by filing a motion with supporting affidavits.
- Temporary orders remain in effect until the final custody order is entered or the court modifies them.
Utah Code Section 30-3-12 gives the district court authority to enter temporary orders during the pendency of a divorce or custody proceeding. These orders are designed to provide immediate stability for the child while the case progresses through the court system. Temporary orders typically address parenting time, child support, and may address which parent has decision-making authority during the interim period. The court enters these orders based on affidavits and preliminary evidence rather than the full evidentiary hearing required for final orders.
A strategic consideration many parents miss is that temporary custody orders often set the pattern for the final custody arrangement. Courts tend to maintain the status quo established during the temporary order period, absent compelling evidence that a change is necessary. This means the temporary order can significantly influence the outcome of the case. Parents should take the temporary order phase seriously and present the strongest possible evidence at the temporary hearing, rather than saving their best evidence for the final hearing.
What is a pendente lite custody order under Utah law?
A pendente lite custody order under Utah Code Section 30-3-12 is a temporary order entered while the divorce or custody case is pending. The term “pendente lite” means “pending the litigation.” These orders are intended to maintain the status quo and provide for the child’s needs during the period between the filing of the case and the final hearing. The court may award temporary custody to one parent, establish a temporary parenting time schedule, and order temporary child support.
The court enters pendente lite orders based on the moving party’s affidavits and any responsive affidavits from the other party. The court does not hold a full evidentiary hearing for temporary orders. Instead, the court evaluates the written submissions and may hear limited oral argument. Because the evidence is limited, temporary orders are subject to modification as the case progresses and more information becomes available.
How does a parent obtain a temporary custody order?
A parent obtains a temporary custody order by filing a motion with the district court along with a supporting affidavit that sets forth the factual basis for the requested order. The motion should describe the current living situation, the child’s needs, and why the requested temporary arrangement serves the child’s best interest. The motion must be served on the other parent, who has an opportunity to file a responsive affidavit.
The court reviews the motion and affidavits and may grant the request without a hearing if the facts are undisputed, or may schedule a temporary hearing if there are disputed facts. At the temporary hearing, each parent may present limited testimony and evidence. The court then enters a temporary order that remains in effect until the final order is entered or until the court modifies the temporary order upon a showing of changed circumstances.
Utah Code Section 30-3-12 provides that “the court may make any order for the support, custody, and maintenance of the minor children during the pendency of the action as is equitable and proper.”
What factors does the court consider for temporary custody?
The court considers the same best interest factors in Utah Code Section 30-3-10 for temporary custody as it does for final custody, but the analysis is more limited because the evidence is less developed. The court focuses on factors that can be evaluated through affidavits, such as the child’s current living situation, each parent’s ability to provide immediate care, any history of domestic violence or abuse, and the parents’ work schedules and availability.
The court’s primary concern at the temporary stage is maintaining stability for the child. If the child has been living primarily with one parent and doing well, the court is likely to maintain that arrangement temporarily rather than making a change that would disrupt the child’s routine. The court will also consider any immediate safety concerns that require prompt action.
| Aspect | Temporary Order | Final Order |
|---|---|---|
| Evidence Standard | Affidavits, limited testimony | Full evidentiary hearing |
| Duration | Until final order or modification | Until child turns 18 or modification |
| Scope | Parenting time, support, basic decisions | All custody and parenting issues |
| Modification | Easier to modify as case progresses | Requires material change in circumstances |
Can a temporary custody order include child support?
Yes. A temporary custody order under Section 30-3-12 can include an order for temporary child support. The court calculates temporary child support using the same Utah child support guidelines as for final orders, based on the parents’ current incomes and the temporary parenting time schedule. Temporary child support payments begin as soon as the order is entered and continue until the final order is entered or the court modifies the temporary order.
Temporary child support can be a significant financial issue in divorce cases. The parent who has less parenting time during the temporary period may be ordered to pay support, even if the final custody arrangement will be different. Parents should ensure that the temporary parenting time schedule accurately reflects their actual parenting time to avoid paying more support than necessary during the pendency of the case.
How long do temporary custody orders last?
Temporary custody orders last until the court enters a final custody order or until the court modifies the temporary order. The duration depends on how long the case takes to reach a final resolution. A simple uncontested case may result in a final order within a few months, while a complex contested case may take a year or more. During this time, either party can request modification of the temporary order if circumstances change significantly.
The temporary order automatically terminates when the final order is entered. The final order replaces the temporary order and governs custody going forward. If the case is dismissed before a final order is entered, the temporary order also terminates, and the parties return to the legal status that existed before the case was filed.
Frequently Asked Questions
Can I get a temporary custody order without the other parent’s consent?
Yes. Temporary custody orders can be entered without the other parent’s consent. However, the other parent has the right to notice and an opportunity to respond. The court will consider both sides before entering the order.
What should I include in a motion for temporary custody?
Your motion should describe the child’s current living situation, your relationship with the child, the other parent’s situation, and why your proposed temporary arrangement serves the child’s best interest. Include specific details about parenting time schedules.
Can a temporary custody order restrict the other parent’s parenting time?
Yes, if there is evidence that unrestricted parenting time would pose a risk to the child. The court may order supervised parenting time or other restrictions in the temporary order if safety concerns exist.
How quickly can I get a temporary custody order?
The timeline varies by court. Some courts will hear temporary motions within a few weeks of filing. In emergency situations, the court may enter an ex parte temporary order without waiting for the other parent’s response.
Can a temporary custody order be modified?
Yes. Temporary orders can be modified as the case progresses. Either party can file a motion to modify based on new information or changed circumstances.
Does a temporary custody order affect the final custody decision?
While the court makes the final decision based on the evidence at trial, the temporary order establishes a status quo that the court may be reluctant to disrupt without compelling reasons.
What happens if I violate a temporary custody order?
Violating a temporary custody order can result in contempt of court proceedings, including fines, attorney fees, and potential modification of the temporary order against you.
Can I appeal a temporary custody order?
Temporary orders are generally not immediately appealable because they are interim orders that can be modified. The order becomes appealable when the final order is entered.
How can you protect your interests at the temporary custody stage?
The temporary custody stage is critical because it establishes the framework for your case and often influences the final outcome. You should prepare a detailed affidavit that presents your best evidence about your relationship with your child and your ability to provide care. You should also be prepared to address any concerns about the other parent’s fitness. An experienced Utah family law attorney can help you prepare a strong motion for temporary custody and advocate for your parental rights during this important phase of your case.
Facing a child custody issue in Utah? Jeremy D. Eveland, MBA, JD, can help protect your parental rights and advocate for your child’s best interests.
Call (801) 613-1472 or visit jeremyeveland.com to schedule a consultation today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah family law attorney for advice specific to your situation.
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