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.

Why Temporary Orders Shape the Final Outcome

Here is the strategic reality that attorneys understand and self-represented parents often miss: temporary orders set the status quo. And in Minnesota, the status quo carries enormous weight in final custody determinations.

Under best-interest factor 8, judges evaluate "the need for stability and continuity in the child's home, school, and community." If a temporary order has the child living primarily with one parent for six months and the child is thriving — attending the same school, seeing the same friends, maintaining a routine — the court is reluctant to disrupt that arrangement in the final order.

This means the temporary order is not a placeholder. It is often a preview 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 state 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, typically within two to four weeks of filing. Both parents present their positions, and the judge issues an order. In urgent situations involving safety, the court can issue an order ex parte (without the other parent present), but the other parent must be notified and given an opportunity to respond quickly.

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 will set a schedule for a temporary relief hearing and may enter a basic temporary 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 is no court order governing your child's living arrangements. For married parents, both have equal rights to the child. For unmarried parents, the mother has sole custody by default until a court order says otherwise.

This is a dangerous gap. Without a temporary order, either parent can technically keep the child, refuse to return them after a visit, or even leave the state. If you are separating and have children, filing for temporary relief should be your first legal step — not an afterthought.

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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