An order regarding custody can be made in several ways and at different times in the process. Depending on the course of the case, temporary awards of custody could be made at an Emergency Hearing, the Scheduling Conference, a Pendente Lite Hearing, or any other Court appearance. The final decision regarding custody will be made at the final trial or hearing.
Important things to note:
- Custody is modifiable.
- If the parties can reach an agreement regarding custody, the court is most likely going to accept that agreement and incorporate it into any final order.
- A temporary determination of custody could be made during an action for a Protective Order.