A temporary order controls the parties’ actions and the discovery process from the date of filing of the divorce or suit affecting the parent-child relationship and the entry of a final order. The goal of temporary orders is the orderly transition from one household to two separate households. Additionally, temporary orders provide a format for the exchange of information between the parties. Temporary orders are either agreed upon by the parties and their attorneys, or the court holds a hearing mandating temporary orders. The orders could include ordering the parties as joint managing conservators or one party as sole managing conservator, naming with whom the children will temporarily live, naming who pays child support and in what amount, and who pays health insurance for the child. The order also devises a visitation schedule for the parties.
If it is a divorce, property issues are addressed in the temporary order. Those may include which party remains in the home, who pays for the expenses related to the home, who pays any car notes, who gets possession of which car, and who gets possession of which personal belongings contained in the home.
How Can Someone Apply For A Temporary Order?
In most cases, when a divorce or a suit affecting parent-child relationship is filed, a request for temporary orders is made in the original petition. If no request is made, the respondent may request temporary orders.
What Can Someone Expect At A Hearing?
A temporary orders hearing is an evidentiary hearing. This means that the parties will probably testify and evidence introduced. Further, other nonparty witnesses may testify.
You will meet with your attorney before the hearing. You will probably already have created a monthly budget for the party in the home and the party out of the home. These will be used in the hearing to enlighten the Judge on the financial picture of the parties. Your attorney will prepare you for the questions to assist to prove your case as well as those questions likely to be asked by the opposing counsel.
Can Issues Not Set Forth In A Motion Be Discussed At A Temporary Orders Hearing?
Ordinarily, you can expect that issues not set forth in the motion for temporary orders will not be discussed at the hearing. However, if the issue is related to the children, the court is always willing to assist in making a determination as to what is in their best interest whether it is contained in the pleadings or not.
Can I File Another Motion If More Issues Arise Later?
Both before and after a hearing on a motion for temporary orders, a party, through their attorney, can file an amended motion requesting additional orders or amending previously entered orders.
How Soon Does The Decision Take Effect Once The Temporary Order Is Granted?
Once a temporary orders hearing concludes, the Court typically rules from the bench and orders are in place immediately. Sometimes, the Judge will not rule from the bench but will provide written rulings later. From that point forward or until additional temporary orders are entered or there is a final order, the temporary orders are valid and enforceable.
How Long Do Temporary Orders Last?
Temporary orders are valid and enforceable until a final order is entered, unless amended by a subsequent temporary order.
Do Temporary Orders Always Become Permanent Orders?
All temporary orders do not become permanent orders. However, be aware that temporary orders regarding children have a good chance of being a part of the final orders and, therefore, you must be prepared for the temporary orders hearing on all child issues.
What Are The Possible Remedies If I Disagree With A Temporary Order?
Since temporary orders are just that, temporary, they are not a final remedy and therefore, typically, not subject to appeal. Therefore, if you disagree with temporary orders, you may file a motion to amend temporary orders and go back before the court however, success is not likely.
What Types Of Motions Can Be Filed In A Family Court Case?
Temporary restraining orders may be requested and received without the opposing party present. A party must be able to prove the requisite facts to avail themselves of a temporary restraining order.
Temporary injunctions and temporary orders may also be requested in motions to the court in an attempt to restrict the actions of the parties and regulate the actions of the parties until trial or the entry of a final order. This is an adversarial hearing with notice to the other party. Additionally, the other party will be able to attend, cross examine witnesses, and put on evidence.
Discovery conflict motions may be filed with the court during the pendency of the litigation.
How Do I File A Motion In Family Court?
A motion is filed with the court in Texas by mail, hand delivery, or e-filing.
When Can I Bring A Motion During My Court Case?
The timing of filing motions with the court are governed by the Texas Rules of Civil Procedure, Rules of Evidence, and the Texas Family Code.
How Can My Attorney Assist Me In Filing A Motion In My Family Law Case?
Your attorney will draft all motions to be filed with the court. However, your input as a party will always be necessary.
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