The temporary custody hearing is usually a separate hearing from the temporary hearing concerning property and alimony. The judge at a temporary hearing decides temporary custody and child support issues. Typically, the temporary hearing is the foundation for a final custody order although, depending on the time of year when the temporary custody hearing is held, the judge may or may not address summer and holiday visitation.

At a temporary hearing, a judge hears from the parties, up to one additional witness per party, and an unlimited number of affidavits. The latter are often viewed with some skepticism, as the witnesses are not available for cross-examination. Still, affidavits that describe specific facts or incidents and/or affidavits from an unbiased witness (doctor, teacher, police officer), can be very useful.