Temporary Custody and Support During a Contested Divorce

Attorney Answer

You don't have to wait for the final divorce to get custody, money, and access to your children addressed — Utah lets you ask the court for temporary orders while the case is pending.

While a divorce is ongoing, either spouse can ask the court to decide things like custody, parent-time, child support, spousal support, and who stays in the home — on a temporary basis, until the final decree. These requests are handled through motion practice under Utah R. Civ. P. 101, and the court's authority to enter this kind of interim relief comes from Utah Code § 81-4-402(3)(b), which lets the court make interim orders it considers just and equitable before the 30-day waiting period for a divorce decree has run.

Given what you've described — being cut off from money and account access, your children currently staying at his parents' house, and him coming and going from the home without notice — a temporary orders motion is the tool built for exactly this situation. You can ask the court to set temporary custody and parent-time, order temporary child and spousal support, and address possession of the home so it's clear when and whether he can come in.

These motions require a sworn financial declaration with income documentation, and a child support worksheet if support or custody is at issue. Having an attorney on the other side doesn't change what you're entitled to ask for — but it does mean the paperwork and hearing will be handled with full legal precision, which is worth matching if you can.

What you can do

1. Gather income and expense information for both you and your husband as best you can, since a financial declaration is required for a temporary orders motion. 2. File a motion for temporary orders addressing custody, parent-time, child support, spousal support, and use of the home. 3. Document the account cutoffs, unannounced visits, and where the children are currently staying — this becomes the factual basis for your request. 4. Look into free or low-cost help: Utah's court self-help center and legal aid organizations assist unrepresented parties with exactly this kind of motion. 5. Ask about temporary attorney fees in your motion, since Utah courts can order one spouse to contribute to the other's litigation costs when there's a financial imbalance.