What Are Temporary Custody Orders in Minnesota?
When parents go through a divorce in Minnesota, child custody is often one of the most emotionally charged issues. But before the court finalizes any long-term custody arrangements, it often issues something called a temporary custody order.
A temporary custody order is a court-issued plan that determines how parenting time, custody, and decision-making will work during the divorce process. These orders serve as a framework for both parents and children while the case proceeds—often lasting several months or more.
At Martine Law, we help families understand and navigate temporary custody during divorce. This blog explains how these orders work, how to request one, and why they matter.
Why Temporary Custody Orders Are Important
Divorce cases can take several months—or even longer—to finalize. During this time, children still need structure and stability. A temporary custody order provides a legal framework for parenting while the divorce is pending.
Without such an order, confusion and conflict may arise, such as:
- Disagreements about who the child lives with
- One parent withholding parenting time
- Conflicting decisions about school or healthcare
Temporary custody orders help minimize disruptions and prevent disputes from escalating. They give both parents a clear understanding of their responsibilities and rights until a permanent agreement is reached.
Who Can Request a Temporary Custody Order?
Either parent can request a temporary custody order as part of a divorce or legal separation. The request is typically made early in the case by filing a motion for temporary relief.
You must file:
- A motion (asking for the order)
- An affidavit (stating facts that support your request)
- A proposed parenting plan (optional but helpful)
The judge will then schedule a hearing to decide the temporary arrangement.
The Minnesota Judicial Branch provides court forms for temporary orders that can be used to initiate this process.
What Does a Temporary Custody Order Include?
A temporary custody order usually addresses key elements of parenting and decision-making, including:
1. Legal Custody
Determines which parent has the authority to make major decisions about the child’s:
- Education
- Healthcare
- Religion
- General welfare
Legal custody can be joint (shared) or sole (given to one parent).
2. Physical Custody
Determines where the child will live most of the time and which parent provides day-to-day care.
3. Parenting Time (Visitation)
Specifies how often and when the child will spend time with each parent, including:
- Weekday and weekend schedules
- Holidays and school breaks
- Vacation time
4. Temporary Child Support
The order may also include a temporary child support obligation, calculated according to Minnesota’s child support guidelines.
How Does the Court Decide?
Minnesota courts base temporary custody decisions on the best interests of the child, using the same legal standard that applies to permanent custody orders. Factors include:
- The child’s needs and preferences (if mature enough)
- The child’s relationship with each parent
- The parents’ mental and physical health
- Any history of domestic violence
- The stability of each home environment
- Ability to co-parent and support the child’s development
The court is not concerned with what’s easiest for the parents—it focuses squarely on the child’s well-being.
For a full list of factors, see Minnesota Statute § 518.17.
Can the Temporary Order Affect the Final Custody Decision?
Yes. While temporary custody orders are not intended to be permanent, they often influence the final judgment. Judges may be reluctant to disrupt a custody arrangement that appears to be working well, particularly if the child is thriving.
This is why it’s important to treat the temporary phase seriously:
- Follow the parenting schedule precisely
- Communicate respectfully with your co-parent
- Avoid any behavior that could be used against you in court
Think of the temporary order as a trial run that can either help or hurt your long-term case.
Can Temporary Orders Be Changed?
Yes, either parent can file a motion to modify the temporary order if there’s a significant change in circumstances, such as:
- A parent relocating
- A change in work schedule
- Safety concerns (e.g., substance abuse or violence)
Modifying a temporary order still requires a court hearing. You’ll need to show evidence that the change is necessary and that it serves the child’s best interests.
What If a Parent Violates the Order?
Violating a temporary custody order is a serious matter and can lead to:
- Court sanctions
- Reduced parenting time
- Contempt of court charges
If your co-parent is not following the order—whether by withholding the child, denying visits, or failing to communicate important decisions—you should document the behavior and contact your attorney immediately.
Enforcement is done through the court, and it’s crucial to avoid retaliating outside of legal channels.
Learn more about enforcement at LawHelpMN.org.
Do You Need a Lawyer for Temporary Custody?
It’s possible to request temporary custody on your own, but working with a lawyer gives you several advantages:
- Your paperwork will be correctly filed and complete
- You’ll be better prepared for the hearing
- Your rights and concerns will be clearly presented
- You’re less likely to agree to unfavorable terms
At Martine Law, we represent parents at all stages of divorce and child custody. Whether you’re seeking a fair arrangement or defending your rights against an aggressive co-parent, we can help you present a compelling case to the court.
Schedule a consultation to protect your time with your child and build a strong foundation for the future.
What Happens After the Final Hearing?
Once the court issues a final custody order, the temporary order is no longer in effect. The final order will lay out long-term custody, parenting time, and support arrangements.
If circumstances change again later on—such as a new job, relocation, or concerns about the child’s safety—you can file a motion to modify the final order.
Temporary orders are just the beginning of your parenting journey after divorce. The steps you take now can affect your child’s future and your long-term rights as a parent.