Can I Get a 50/50 Possession Schedule at Temporary Orders?

Welcome to Merritt Law’s Q&A style videos. These are answers to some of the more common questions that we receive at Merritt Law. We hope that they help to provide some clarity and assurance in your family law matters.

“Can I Get a 50/50 Possession Schedule at Temporary Orders?”

Hi. Chris Meritt, Board Certified Lawyer at Merritt Law. A common question that we get is: “I am going to temporary orders, can I get a 50/50 possession schedule with my kids?”

Well, the answer to that really lies in what’s being going on with the children. Courts will generally look at what the two parties have been doing? Who’s involved in their lives? Who gets them up in the morning? Who takes them to school? Who returns them after school? Who does their homework? Who feeds them, clothes them, bathes them? Who gets them to birthday parties? Who schedules doctors’ appointments? If the two of you have been equally involved in these things, then you have an excellent argument for a 50/50 possession. My experience is, is that judges are more understanding of that.

If however, one party has been primarily the person who’s been doing these things for the children, and that’s going to continue at temporary orders, then you may be at a disadvantage of making that argument for 50/50 possession.

So it’s very important that you offer the right evidence, and you offer what’s going to happen in the future, and how you’re going to be involved in those things. And how you’re going to take care of your children, and do what needs to get done.

I hope this been helpful. And if you have any other questions that you’d like, please submit them in the comment section below


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