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Temporary Orders: How Temporary Are They?

Temporary orders represent a normal step in most family law cases.  But the term “temporary” in this context doesn’t mean what we think it means.  Temporary orders usually last for the duration of the proceedings.  Getting the right temporary orders sets you up for success in your family law case.


What Are Temporary Orders?

When a new family law case starts, the parties have no direction for how to act during the proceedings.  Temporary orders set the stage for how the parties interact during the case.  Typical temporary orders control where the parties live as well as basic property use.  Child-related issues also appear in typical temporary orders.

Procedurally, one or both parties ask for temporary orders in their pleadings.  A hearing takes place in court to help the judge decide what orders are best for the parties.  We blogged about how hearings work, but good temporary orders are a crucial step to winning a case.

Temporary Property Use

Temporary orders detail which party gets the use of which property.  While the court won’t decide who gets each piece of property, basic property is addressed.  Temp orders frequently determine who remains in the marital residence if the case is a divorce.  Likewise, temporary orders commonly address who uses which car.  When a party moves out of the home, the court often allows certain furniture and supplies to be removed from the residence too.

Of course, having possession and use of property is one thing.  Paying for the property is something else.  So, the court also decides who pays for which property during the case.  Certainly, a person using property typically pays for it. But under some circumstances the other spouse can be ordered to pay.

At Youngblood Law, PLLC, we recognize the benefit to our clients of getting the right temporary orders.  Unlike other firms who go into a temp orders hearing half-cocked, we prepare to win.  While no lawyer wins every hearing, we put in the time to prepare and study the facts of each case.  When we attend temporary orders hearing, we intend to establish a solid position for our clients.

Temporary Orders for the Children

While the case is pending, the parents must still provide for the safety and welfare of the children.  Of course, parents often fail to agree on how best to care for the kids.  Thus, temporary orders become necessary.

In Texas, the Family Code presumes certain concepts regarding the children in a family law case.  For example, the code presumes it’s best for the kids to remain as stable as possible. Consequently, temporary orders establish a new normal for the kids. So, the primary residence of the kids along with a visitation schedule are established.  Temp orders also establish child support and healthcare for the kids.

Good temporary orders for access and possession of the children and child support are crucial.  Cases develop inertia.  An object in motion tends to stay in motion, and once the case builds momentum one way, the courts avoid changing it.  Consequently, the importance of temp orders must not be underestimated.

Temporary orders for possession and access of the kids is critical from the beginning.  Once the inertia is established for access and possession, changing it later may be impossible. For example, once the kids have gotten used to a visitation schedule, the court leans toward maintaining that schedule at final trial.

Again, temporary orders early in the case set the tone for the whole case.  Youngblood Law, PLLC prepares to win at temporary orders hearings.  Getting our clients the possession schedule they want is job one for us.  When it comes to temporary orders, failing to prepare is preparing to fail. So, at Youngblood Law, PLLC, we prepare to win.

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Our Firm

Youngblood Law, PLLC is a Fort Worth, Texas family law firm focusing on helping people get on with their new life by getting done with their old life.  This essay is intended for educational use only and is not a replacement for competent legal counsel.  If you are facing a family law matter, we recommend obtaining competent legal counsel like Youngblood Law, PLLC.  For more information contact us at 817-601-5345, find us on the web at www.youngblood-law.com.

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