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Video instructions and help with filling out and completing Emergency motion for temporary custody florida form
Hi my name is Nick Murphy jeez and right now I'm and explain what happens during a motion for temporary relief in South Carolina motions for temporary relief are filed in family court cases whether it's a custody case or a divorce case or a case seeking separate support and maintenance while the parties are separated and what a motion for temporary relief is is basically one one of the two parties is asking the court for some kind of temporary interim ruling so it could be a temporary decision on who has custody of the kids to be a temporary decision on who gets to stay in the marital home who gets to drive what car temporary decision on whether one spouse has to pay alimony to the other spouse during the process of the lawsuit a temporary ruling that one spouse can't contact the other spouse most of the relief that you would ask for in you know in a final divorce there's kind of a temporary version of it particularly alimony or for a non-working spouse you could ask for the other spouse to have to pay your attorneys fees the issue with motions for temporary relief is they only generally lasts about 15 minutes the court hearing only lasts about 15 minutes and that's not a whole lot of time to make a decision about how things are going to be situated for generally the next year going forward so these are can be pretty high stakes hearings and you know if we always encourage our clients to at least try to talk to the other side and see if there's areas that they can agree on just so that they reduce any uncertainty that comes with these hearings now in a lot of the times you know there will be one party bringing a divorce and then the other party gets served with papers and that hearing is coming up in like ten or eleven days and so the person getting served is you're really going to have to scramble to put together the money to hire a lawyer and then to be prepared for that hearing to have the lawyer you know spend the time with them to sit down and be prepared for that hearing so in a lot of ways these motions can be kind of surprising and you want to be prepared for them in general in motions for temporary relief the standard motion unless somebody is asking the court to do things differently which is pretty rare neither side testifies neither the husband or the wife have to say anything in court instead what will happen is the lawyer will prepare an affidavit for that person so a written statement that's been verified like sworn testimony laughter you'll get it notarized their notary public and they'll explain you know what's happened why you are where you are now and what kind of relief you're looking for you know whether.