Child custody, visitation, and parenting time cases are complicated for many reasons. The courts of New York are required to make decisions based on the “best interests” of the child or children involved. This requires a careful consideration of multiple factors, such as which parent can provide the child with the right level of care, the parenting skills of each parent, and more. It can take time for the court to be able to hold a full evidentiary hearing in order for both sides to present all the evidence necessary to make decisions regarding a child’s best interests. Until that time, though, temporary orders for visitation, parenting time, and child custody may be provided to guide parents while the final order is pending. In Family Court they are called temporary orders and in a divorce, in the Supreme Court they are often called “Pendente Lite” orders which is a Latin legal term for an order while the case is pending.
A final order of custody, without the consent of the parties involved, if there has never been a prior custody determination, should not be made without a full evidentiary hearing that allows the courts to consider the factors surrounding “best interests” carefully. However, full evidentiary hearings may not happen for a long time, sometimes many months. If one side or the other in the case requests a visitation or parenting schedule when waiting for the final order to be provided, I find that the courts often attempt to ensure that each side has meaningful time with the child or children. The preferred method of the courts is generally to get the consent of the parents to a schedule that they both agree to for temporary orders. Continue reading