Temporary Custody Orders in Minnesota

The period between filing for divorce (or custody) and receiving a final order can stretch from four months to two years. During that time, someone needs to decide where the child sleeps on school nights, who takes them to the doctor, and how parenting time is divided. That is what temporary orders are for.

Under Minn. Stat. Section 518.131, either parent can file a Motion for Temporary Relief at the start of a dissolution or custody case. These orders govern the family while the case is pending — and they matter far more than most parents realize.

How Temporary Orders Relate to the Final Outcome

Temporary orders govern the family while litigation is pending. They may be modified or superseded by the final decree, so a temporary order does not itself establish the final custody arrangement.

Under best-interest factor 8, judges evaluate the need for stability and continuity in the child's home, school, and community. That best-interests factor applies to the final custody decision; it does not turn a temporary schedule into a permanent one.

Treat the temporary order as an arrangement for the litigation period, not a guarantee of the final custody arrangement.

What Temporary Orders Cover

A motion for temporary relief can address:

• Temporary physical and legal custody and a parenting time schedule
• Temporary child support and medical support
• Temporary spousal maintenance
• Exclusive use of the family home, furniture, and vehicles
• Allocation of attorney fees and court costs
• A restraining order preventing either parent from transferring, hiding, or disposing of marital assets
• A restraining order preventing either parent from removing the child from the court's jurisdiction without consent or court approval

How to Request a Temporary Order

You file a written motion with supporting affidavits that explain why temporary relief is necessary and what specific arrangement you are requesting. The motion must include:

• Your proposed temporary parenting schedule with specific days, times, and exchange locations
• Financial affidavits showing your income, expenses, and child-related costs
• Any evidence of urgency — if there are safety concerns, you may be able to get an expedited hearing

The court schedules a hearing. If a party credibly alleges that they have been denied parenting time for 14 consecutive days or more, the court must give priority to an expedited temporary-relief hearing and hold it within 30 days of the request. In urgent situations involving safety, the court can issue an ex parte restraining order (without the other parent present), subject to statutory limits.

The ICMC and Temporary Orders

The Initial Case Management Conference (ICMC) — held within three to four weeks of filing — is where many temporary custody arrangements are first discussed. If the parties can agree on a temporary schedule at the ICMC, the judicial officer may adopt it as a temporary order on the spot.

If the parties cannot agree, the court may set a schedule for a temporary relief hearing and may enter an interim order to provide structure while the hearing is pending.

Custody During Separation (No Court Case Filed)

If you are separated but have not filed for divorce or custody, there may be no enforceable parenting-time schedule. For married parents, both generally have parental rights. For unmarried parents, the mother has sole physical and legal custody by default until a court order says otherwise.

Without a temporary order, you may not have enforceable terms for parenting time or the child's living arrangements. If you need those terms, consider requesting temporary relief in the appropriate custody or dissolution case.

What to Prepare

When you request temporary orders, come to the hearing with:

1. A detailed proposed schedule — not "I want 50/50" but a specific calendar showing days, times, and logistics
2. Financial documentation — pay stubs, tax returns, a list of monthly expenses
3. Evidence of your caregiving role — school pickup records, medical appointment history, activity schedules
4. Any safety concerns with supporting documentation — police reports, text messages, medical records

The Minnesota Child Custody and Parenting Plan Guide includes checklists for preparing a temporary relief motion and worksheets for organizing your financial disclosures and proposed parenting schedule.

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