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Barbara L. Jouette, Attorney, P.C.
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How temporary orders can affect your case

If you filed a divorce case or a child custody case in family court, you probably are anxious for it to be over. Final orders in a family court case can take months or sometimes even years. Fortunately, Texas courts allow you to ask for temporary orders. These are orders that are put in place until the final orders.

Temporary orders are intended to address issues that cannot wait for the final hearing. In a divorce case, temporary orders set ground rules for the parties while their divorce is pending. Temporary orders can address things like who gets to live in the marital home and whether one spouse can get spousal support from the other. The judge can also order the parties to preserve the marital property. For example, the parties can be ordered not to sell certain items, deplete accounts, or incur additional debts until the divorce is final. In addition, temporary orders can address issues relating to the children, such as child support and visitation rights. 

Similarly, in a child custody case, a judge can enter temporary orders that the parties must follow until the final court hearing. As mentioned above, child support and visitation rights are the most common issues that come up. Under Texas law, a court can enter other orders that relate to the children. For example, if one parent has concerns that the other parent is using drugs, a court can order that parent to undergo drug testing in order to ensure the safety of the child. Or, in addition to establishing a visitation schedule, a court can prohibit one parent from taking the child out of the state. Judges can also enter orders about how the parents should pay for a child’s medical expenses.

Because judges have some discretion when entering temporary orders, the range of these orders may seem endless. To get help with your family law case, you may find it helpful to consult an experienced attorney. Temporary orders hearings can be complicated, and an attorney can help you understand your rights throughout the process.  

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