Child Custody and Visitation Attorney in Dallas, Texas

What is a temporary order hearing in Texas?

Dallas high-net-worth divorce attorney, Mark Scroggins, explains what a temporary orders hearing is in the context of family law.

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A temporary order hearing is a lot of the time it’s the biggest battle in the war anyway before you get to a trial. A temporary order hearing, if you have filed a temporary restraining order is going to happen within the first two weeks. Okay. It’s going to happen within two weeks of when that TRO was filed. If a TRO isn’t filed, and a lot of the time it’s not necessary in counties here in North Texas, because most of them have standing orders. Now one place that that is not the case is Tarrant County and some of the smaller counties don’t as well. But a temporary order hearing is going to make a temporary order related to conservatorship, possession and access of the kids, child support and is going to establish who is going to live where and who is going to pay for what?

So most of the time – not all of the time – but a lot of the time anyway those temporary orders are going to be there to try to maintain the status quo. Okay. So let’s say you’ve got one parent who has been a stay at home parent with the kids the whole time and one who has been let’s say one that’s been a consultant that travels all the time. Okay. I think it is going to be difficult for the person who is traveled and who has not been the primary caregiver to become say the person who establishes the primary domicile of the kids, because that hasn’t been their role. Okay.

However, that doesn’t necessarily mean that that is what will happen. Let’s say that, you know, stay at home dad has developed a drinking problem while mom has been flying all over the place consulting with Fortune 50 companies. Well in that case it’s very likely that that will get switched. So the court is going to make that temporary order and establishing those things from the outset, and so they want to make sure that the kids are safe and the kids are in a good place, and they also want to make sure that nobody is doing anything silly with what the marital state is.

So court doesn’t want to see somebody go out and buy a Ferrari, you know, and they additionally don’t want to see someone turning around and trying to liquidate the beach house, or do something else to really put someone at a disadvantage. So a lot of that is to maintain the status quo. The other big part is to make sure that during the pendency of the lawsuit, that the kid or kids are going to be taken care of properly during that timeframe. The during the temporary orders also the judge will a lot of the time order a child custody evaluation if that’s needed, or if they think mom or dad, or the kids have some issues they’ll have a psychological evaluation performed there. So there are a whole lot of things that can be done there, as well.

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