What are standing orders?

Child custody cases can be emotionally taxing and legally complex affairs, especially when parents are unable to reach an agreement on their own. In such situations, courts often step in to establish custody arrangements that prioritize the best interests of the child. One aspect of these cases that parties should be aware of is the concept of standing orders. In this blog post, we'll delve into what standing orders are in the context of child custody cases and why they are significant.

What Are Standing Orders? Standing orders, also called automatic orders in some states, are legal directives issued by a court that automatically apply to both parties involved in a case, without the need for a specific request or hearing. These orders typically come into effect as soon as a custody case is filed and serve to maintain the status quo and protect the rights and well-being of the child until a final custody determination is made.

Purpose of Standing Orders in Child Custody Cases: The primary purpose of standing orders in child custody cases is to provide stability and protection for the child during the legal proceedings. By establishing a set of rules and guidelines from the outset, standing orders help ensure that both parents adhere to certain standards of behavior and conduct while the case is pending. This can include provisions related to visitation schedules, communication between parents, and restrictions on removing the child from the jurisdiction without permission.

Key Provisions Found in Standing Orders: While the specifics of standing orders can vary from jurisdiction to jurisdiction, there are several common provisions that are often included:

• Temporary Custody and Visitation: Standing orders typically outline a temporary custody arrangement and visitation schedule to govern the time each parent spends with the child while the case is ongoing. These arrangements are designed to provide stability and ensure that both parents have the opportunity to maintain a meaningful relationship with their child.
• Communication Guidelines: Standing orders may include provisions regarding communication between parents, such as how they should communicate about matters concerning the child and how they should resolve disputes or disagreements. This can help minimize conflict and promote cooperation between the parties.
• Financial Support: Standing orders often address issues related to child support and other financial matters, such as who is responsible for paying for the child's expenses and how those payments should be made.
• Restraining Orders: In some cases, standing orders may include provisions for restraining orders or protective orders to prevent one parent from engaging in abusive or harmful behavior towards the other parent or the child.

Enforcement of Standing Orders: Violating standing orders can have serious consequences, including contempt of court charges and sanctions imposed by the judge. It's important for both parents to understand their obligations under the standing orders and to comply with them to the best of their ability. If there are concerns about the standing orders or if circumstances change during the course of the case, either parent may petition the court for a modification or clarification of the orders.

Standing Orders by State: clicking on any state will take you to a PDF file for your review

Florida     Texas     Connecticut     New York

Leave a comment below if you don't see your state and I will add as requested.

All in all, Standing orders play a crucial role in child custody cases by providing structure and guidance for parents as they navigate the legal process. By establishing temporary rules and expectations, standing orders help protect the rights and well-being of the child while the case is pending. It's important for parents to familiarize themselves with the standing orders in their case and to comply with them to ensure a smooth and orderly resolution of the custody dispute.

This article is for informational use only and should be used as a guideline to aide in your research.