When spouses opt to divorce, many important legal, personal and financial issues must be resolved. Few issues are more critical than the well-being of the parting couple’s minor children. Any instability or tension that children of divorcing parents could experience may precipitate adverse and potentially lifelong consequences.
Fortunately, the Texas Family Courts are aware of this possible outcome. Said bodies attempt to circumvent such negative occurrences through the establishment of temporary orders. An experienced Texas child custody attorney can assist prospective clients in understanding temporary orders and how said legal instruments apply to child custody proceedings.
Temporary Order Definition
Before any final divorce proceeding is decided in court or reached through the negotiations of the parting factions and the attorneys of said parties, temporary orders can be mandated. These orders typically lay the groundwork regarding how the splitting spouses will, at least for the short-term, handle specific pertinent issues.
Divorce proceedings, especially in more complicated cases, may take a significant amount of time to complete. In relation to child custody matters, temporary orders can be issued as a means of ensuring that the children in question retain a semblance of normalcy and continuity during what is a difficult time for all concerned parties.
Child Custody Issues Temporary Orders Could Clarify
Temporary orders could mandate several matters pertinent to the children of divorcing parents while separation proceedings are ongoing. Specific issues to be determined include:
- Custody – Divorcing parents might choose specific custody arrangements. Most courts advocate for joint custody (where both parents share physical custody, as well as specific responsibilities related to the children in question’s benefit). However, circumstances do exist where one parent can be granted sole conservatorship (custody) over their children.
- Parenting Plans – In instances where divorcing spouses can agree on joint custody, said parties must agree upon, document and receive official approval from a court-of-law regarding parenting plans. These documents detail issues such as the child’s living arrangements when residing with both parents, visitation schedules (for the school year, holidays and summer vacation), as well as travel arrangements from one parent’s residence to the other. Additionally, parenting plans might include directives regarding how the children’s healthcare and higher education costs will be covered, in addition to how pertinent other personal, legal or financial decisions will be rendered.
Temporary Orders Establishment Process
Parting spouses who express interest in obtaining temporary orders are required to file requests with their local Texas family court. Once the appropriate documentation is filed with the court, the parties in question await a hearing.
Hearing – In most instances, temporary orders will be made official and granted following a hearing. This event is usually presided over by a judge and occurs in courtroom or inside the adjudicating individual’s offices.
Family courts encourage the divorcing factions to try and resolve all pertinent child custody-related issues in advance of the hearing. Doing so saves a significant amount of time and unnecessary stress. However, should the parties in question be unable to amicably resolve certain matters, the judge will render such decisions.
During the hearing, the judge will review the facts of the case, afford each party the opportunity to state their case and, if need be, ask said individuals questions pertinent to the issues at hand. In some cases, spoken or written testimony of witnesses or other concerned parties might be heard and considered. The judge typically renders final decisions following the hearing’s completion.
Individuals experiencing divorce and are concerned about certain child custody matters may wish to seek temporary orders. A Texas divorce attorney could answer questions such persons may have and prepare them to participate in this important process. Call our law offices today at any of our convenient locations and get a free consultation. We are conveniently located in:
Arlington (817) 522-4451
Dallas (972) 362-6848
Fort Worth (817) 764-1375
Plano (972) 354-4602
Cedar Hill (972) 338-9427
McKinney (469) 522-3688
Lewisville (972) 354-4605
Frisco (972) 725-7681
Grapevine (817) 835-8677
Irving (972) 354-4610
Keller (817) 204-0904
Garland (214) 572-2251
Denton (940) 222-4060
Addison (972) 564-8108
You can also contact us online by using our quick contact form.