9.09.030 Temporary Orders

(a) The party to a custody proceeding may move for a temporary custody order. The motion must be support by an affidavit as provided in Section 9.09.100 of this Code. The Court may award temporary custody under the standards of Section 9.09.020 of this Code, after a hearing, or, if there is no objection, solely on the basis of the affidavits.

(b) If a proceeding for dissolution of marriage or legal separation is dismissed, any temporary custody order is vacated unless a parent or the child's custodian moves that the proceeding continue as a custody proceeding and the Court finds, after a hearing, that the circumstances of the parents and the best interest of the child requires that a custody decree be issued.

(c) If a custody proceeding commenced in the absence of a petition for dissolution of marriage or legal separation under Subsection (1) (ii) or (2) of Section 9.09.010 of this Code, is dismissed, any temporary custody order is vacated.