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Common concerns for temporary orders

| Sep 15, 2020 | Child Custody |

For parents in the divorce process, custody is the most important topic. And, especially when there is some sort of domestic violence, a temporary order can be extremely important.

Temporary orders

Temporary orders, issued in after a Temporary Orders Hearing, are interim or immediate support or custody orders that are issued by the family law court before the final order on a Suit Affecting the Parent-Child Relationship, otherwise known as a SAPCR. This is the legal process that affects the interests of their child, like visitation, child support, etc.

Temporary orders hearings

To get a temporary orders, one has to initiate a Temporary Orders Hearing. The parent seeking the order will need to petition the family court judge for the temporary order during the divorce process. This can be done immediately upon filing for divorce, but the timing of the actual hearing will vary on the urgency of the request. Once the hearing begins, the court can decide various things, including who must leave the family home, custody, visitation, etc.

Proof requirements

Each Texas county has their own local rules for what is required to bring, and the county’s website will usually have this information. Typically, though proof of income and monthly expenses is required. And, if one is seeking immediate custody or exclusive use of the family home, they should provide evidence or documentation showing why the court should grant it, like police reports, photographs, etc.

Can temporary orders be appealed?

In a word, yes. Associate judges can be appealed to the district judge of that county’s court. But, deadlines have very short turnaround times, so consult an attorney immediately.

Texas courts recommend that anyone in the divorce process consult an attorney before going to court. The attorney can help with paperwork, ensure deadlines are met and ensure one’s rights are protected.