Temporary Order as Permanent Order?

You have to be careful not to let a custody case drag on for too long especially if you are on the losing end at the temporary hearing.  If the order sits for too long, our appellate courts have held that may be seen as the final order of the Court and necessitate a finding for modification in order to change it.  Temporary orders that acquire "incidents of permanency" become permanent orders for the purpose of assigning the burden of proof in child custody modification cases. Swartzfager v. Derrick, 942 So.2d 255, 258 (¶ 10) (Miss. Ct. App. 2006); Thompson v. Thompson, 799 So.2d 919, 926-27 (¶ ¶ 29-30) (Miss. Ct. App. 2001). The passage of time - -four years in Thompson and almost three years in Swartzfager - -was sufficient to provide the temporary orders with "incidents of permanency," thereby creating a permanent order of the temporary order and shifting the burden of proof to the non-custodial parent to demonstrate a need for a change in custody by a showing of a material change in circumstances adversely affecting the child. See Swartzfager, 942 So.2d at 258 (¶ 10); Thompson, 799 So.2d at 927 (¶ 30).

Cases drag on for years on occasion for a variety of reasons.  This line of cases is something to be aware of.  Logically, the same analysis could potentially be used regarding alimony although there are no current cases on it I am aware of.