What Is A Temporary Order In A Family Law Case?
When a divorce or suit affecting parent-child relationship (SAPCR) (non-divorce relating to children) is filed, typically there is an amount of time between when the suit is filed and when it becomes final. In order to have order between the parties during that time, temporary orders are either agreed to by the parties and their attorneys or the court has a hearing on temporary orders and the court orders what temporary orders are to be in place until a final order. It could include the following: naming the parties as joint managing conservators or one party as sole managing conservator; deciding who will be the “person who has the right to determine the child’s domicile which is which parent the child primarily resides with; who pays child support and in what amount; deciding who pays health insurance for the child; and a visitation schedule for the parent that is not named the primary joint managing conservator. If it is a divorce, property issues are included in the temporary order.
They may include the following: which party remains in the home; who pays for the expenses related to the home; who pays the car notes; who gets possession of which car; and, who gets possession of what personal belongings that are 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 same pleading, the petition. If none is made, when the respondent files their formal answer in the court, the respondent can 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.
What Can I Do To Prepare For The Hearing?
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. Preparation includes what are the areas of questions by the other attorney, what are the areas of questions by your own counsel, and what it is you are trying to prove up. I typically have a question-and-answer session with my client to prepare the client for the temporary orders hearing.
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 the best interest of the children. Therefore, if the issue is regarding children, many judges will go ahead and hear it even though it was not a part of the original motion for temporary orders.
How Soon Does The Decision Take Effect Once The Temporary Order Is Granted?
Once a temporary orders hearing occurs, the court rules at the hearing typically. At that moment and from that point until either additional temporary orders are entered or until there is a final order, the orders are valid and enforceable.
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