Utah Code Section 30-3-12 authorizes Utah courts to issue temporary custody orders while a divorce or parentage case is pending. The temporary orders hearing is an expedited proceeding where the judge establishes an interim parenting schedule, awards temporary legal and physical custody, and may address temporary child support and other urgent issues before the final trial.
Last updated: July 2026
Key Takeaways
- Temporary custody hearings under Utah Code Section 30-3-12 establish interim parenting arrangements while the case is pending.
- The hearing is expedited and typically scheduled within weeks of filing a motion for temporary orders.
- The burden of proof is on the parent seeking custody to show the proposed arrangement serves the child’s best interest.
- Temporary orders remain in effect until modified by the court or replaced by a final custody order.
- Evidence at a temporary hearing is often limited to affidavits and brief testimony, not a full evidentiary presentation.
Temporary custody orders serve a critical function in Utah family law. They provide stability for the child during the months it takes to resolve a contested custody case. Without temporary orders, there may be no legally enforceable parenting schedule, which can lead to conflict and confusion. The temporary orders hearing is often the first substantive court appearance in the case and can set the tone for the entire litigation.
Parents should take the temporary orders hearing seriously. While the order is temporary, it often establishes a status quo that influences the final custody determination. A parent who obtains favorable temporary custody has a practical advantage at trial because the child has already adjusted to that schedule and the court is reluctant to disrupt the child’s stability without strong justification.
What is a temporary custody order under Utah Code Section 30-3-12?
Utah Code Section 30-3-12 gives district courts the authority to issue temporary orders in divorce and custody cases. The statute provides that the court may make any temporary order it considers necessary for the benefit of the children and the preservation of the marriage or family relationship. The court may award temporary custody, establish parent-time, order temporary child support, and address other immediate needs such as use of the family home.
Temporary orders are distinct from permanent orders. They are based on preliminary evidence and are intended to maintain stability until the court can conduct a full evidentiary hearing or trial. The court ordinarily applies the same best interest standard from Section 30-3-10 that governs permanent custody decisions, but the evidentiary record at a temporary hearing is typically less developed.
How do I request a temporary custody hearing in Utah?
To request a temporary custody hearing, you must file a Motion for Temporary Orders with the district court. The motion must be supported by an affidavit or declaration under oath that details the factual basis for the requested orders. The motion must also include a proposed temporary parenting plan. The motion is served on the other parent along with a notice of hearing.
The hearing is typically scheduled within 2 to 6 weeks, depending on the court’s docket and the urgency of the issues. Some courts require the parents to attempt mediation before the temporary orders hearing. Others schedule a Short Form Hearing or evidentiary hearing depending on the complexity of the factual disputes. The process varies by county, and local court rules should be consulted.
Utah Code Section 30-3-12 provides that the court may grant temporary custody and make any order necessary for the benefit of the children, including orders regarding attorney fees and costs incurred in establishing the temporary order.
What evidence is considered at a temporary custody hearing?
The evidence at a temporary custody hearing is more limited than at a final trial. Most courts rely primarily on the parties’ affidavits and financial declarations. Live testimony may be limited or not permitted at all, depending on local court rules. The judge reads the written submissions and may ask clarifying questions of the parties or their attorneys.
Some Utah counties allow limited live testimony in temporary hearings, especially when there are factual disputes that cannot be resolved through affidavits alone. Expert reports, including custody evaluations, are rarely available at the temporary stage because evaluations take months to complete. The court makes its decision based on the best available preliminary evidence.
What is the burden of proof at a temporary custody hearing?
The parent seeking temporary custody bears the burden of proving that the requested arrangement serves the child’s best interest. The standard of proof is a preponderance of the evidence, meaning it must be more likely than not that the proposed arrangement is in the child’s best interest. This is the same standard used at final trials, but the evidence base is narrower.
In practice, Utah courts often maintain the status quo at the temporary stage unless there is evidence that the current arrangement harms the child. If parents have been living separately with a de facto parenting schedule, the court is likely to continue that schedule temporarily. If no established pattern exists, the court will consider the statutory factors and enter orders that provide stability pending trial.
| Factor | Temporary Hearing | Final Trial |
|---|---|---|
| Evidence presented | Affidavits, limited testimony | Full witness testimony, exhibits, experts |
| Duration of hearing | 30 to 90 minutes | 1 to 5 days |
| Standard of proof | Preponderance of evidence | Preponderance of evidence |
| Custody evaluation | Rarely available | Often completed |
| Legal standard | Best interest of the child | Best interest of the child |
| Order duration | Until modified or final order | Permanent unless modified |
How long do temporary custody orders last in Utah?
Temporary custody orders remain in effect until the court modifies them or until a final custody order is entered at the conclusion of the case. Either parent may file a motion to modify temporary orders if there is a significant change in circumstances, such as a parent relocating, a change in the child’s needs, or evidence that the current arrangement is not working.
Most temporary orders last 3 to 9 months, which is the typical timeframe for a contested custody case to reach final resolution. In complex cases, temporary orders may remain in place for a year or longer. The court has discretion to extend the temporary orders as needed and to modify them as new evidence becomes available, such as the completion of a custody evaluation.
Can the court issue an emergency temporary custody order without a hearing?
Yes. In extreme circumstances involving imminent risk of harm to the child, a parent may request an ex parte temporary custody order without giving the other parent advance notice. Ex parte orders are reserved for situations where there is a genuine emergency, such as evidence of abuse, abduction threat, or parental substance abuse that creates an immediate danger. The court grants these orders rarely and only upon a strong showing of necessity.
The other parent has the right to a hearing within a short time frame, typically within 14 days, to contest the ex parte order. At that hearing, the court determines whether the temporary order should remain in place pending the final trial. The parent who obtained the ex parte order bears the burden of justifying its continuation.
Frequently Asked Questions
How soon can I get a temporary custody hearing in Utah?
Most courts schedule temporary custody hearings within 2 to 6 weeks of filing the motion. Emergency ex parte orders can sometimes be obtained within 24 to 48 hours.
What should I include in my motion for temporary custody?
Your motion should include a detailed affidavit explaining why your proposed temporary arrangement serves the child’s best interest, a proposed temporary parenting plan, and a financial declaration if child support is requested.
Can temporary custody orders be changed?
Yes. Either parent may file a motion to modify temporary orders based on a significant change in circumstances. The court has broad discretion to modify temporary orders as the case progresses.
Do I need an attorney for a temporary orders hearing?
While not required, representation is strongly recommended. Temporary orders often set the pattern for the rest of the case, and procedural missteps at this stage can be difficult to overcome later.
What factors does the judge consider at a temporary hearing?
The judge considers the same best interest factors under Utah Code Section 30-3-10 as at trial, including moral climate, emotional ties, stability, and which parent can better provide for the child’s needs.
Will a temporary custody order affect the final custody decision?
Yes, indirectly. The temporary order establishes a status quo, and courts are reluctant to disrupt the child’s established routine without strong justification. That is why temporary hearings are consequential.
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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