What are Motions?
If you are facing a family law case, such as divorce or child custody, the requests for legal orders that you or the other party make to the court before your court date are called motions. A motion is a document filed with the Court asking the Court to take a specific action for you, or the other party. Motions afford both sides the ability to compel the other to do something, such as paying temporary child support. Because the outcome of your family law case is important to you and your children’s future, working with an experienced Suwanee family law attorney from the start is always advised.
The Motion
When you file a motion, you ask the judge in your case to make a decision on some relevant, highly important matter. Motions are generally written, and they can only be presented to the court after the involved complaint has been filed. The idea is to convince the judge to hand down an order that is in accordance with your request. Motions often lead to hearings where each side makes their argument on the topic at hand.
Common Motions
Most motions in family law cases focus on one of the following topics:
- Temporary child support while the divorce or child custody case is pending
- Temporary spousal support while the divorce is pending
- Temporary child custody arrangements while the divorce or child custody case is pending
- Temporary orders regarding the occupancy of the family home while the divorce is pending
- Motions to require the other side to produce certain discovery documents or answer discovery questions
- Motions for attorney’s fees
Each of these can play an important role in navigating the legal case ahead and, therefore, should receive careful legal attention.
The Status Quo
While motions generally establish temporary orders that hold until the legal matter at hand is finalized and final orders are issued, it is important to keep in mind that these orders can have a more lasting effect in relation to how your final orders play out.
For example, Georgia courts make child custody decisions in accordance with the children’s best interests, and one of the factors they consider is the status quo. This means they pay special attention to how well the children are doing in terms of their current home, school, and community. If your temporary orders have your children living primarily with you in your family home, it can work in your favor if this is what you want to be included in your final orders.
In other words, pursuing motions prior to trial that support your ultimate goals and priorities is always recommended, and for that, you are going to want skilled legal guidance in your corner.
Turn to an Experienced Suwanee Family Law Attorney for the Help You Need
The trusted family law attorneys at Banks, Stubbs & McFarland – proudly serving Suwanee, Georgia – appreciate the significance of the pretrial motions in your case and are committed to skillfully advocating for outcomes that support you and your children’s best interests. Your case is important, so please do not hesitate to reach out and contact us online or call 866-488-3181 for more information about what we can do to help you today.