When Is a Temporary Child Custody Order Issued in a Texas Divorce?

 Posted on June 07, 2021 in Child Custody

For parents, the end of a marriage usually means a child custody order is necessary to outline each parent’s rights and responsibilities regarding the children. However, in most divorce cases, the family’s living arrangements change well before the divorce is completed. As such, it is often important to make child custody decisions before the final resolution is approved. If you and your spouse are living apart while your divorce case is pending, petitioning for a temporary child custody order can help you resolve issues related to your children’s immediate living arrangements.

What Can a Temporary Custody Order Include?

Perhaps the most pressing issue in a pending divorce when the spouses are living separately is how much time the children will spend living with each parent. A temporary custody order can include a visitation schedule, as well as provisions for transportation and exchanges between parents. It can also address other important custody issues, such as how you and your spouse will share responsibilities for making important decisions about your children’s health and education during the divorce process.

Along with addressing custody and visitation, it is often important to address child support through a temporary order. Temporary child support decisions are usually handled similarly to more permanent child support orders, with the non-custodial parent making periodic payments to the custodial parent. This ensures that both parents are contributing financially to their children despite not living in the same household.

If your child’s safety or well-being is threatened during the divorce process, you may need to consider a temporary restraining order or even a protective order against your spouse. These orders can prevent your spouse from disturbing you or your child, or from taking your child outside of a specified geographic area, either for the remainder of the divorce process or longer.

Pursuing a Temporary Order

In an amicable divorce, you and your spouse may be able to establish temporary custody and child support orders by agreement and file them with the court, ensuring that you are working together in your children’s best interests. However, in cases of high conflict, and especially those involving child endangerment or domestic violence, you will need to petition the court for the remedy you are seeking or prepare to respond to your spouse’s petition. Keep in mind that a temporary order may differ from your final custody order, and you should be sure to give each separate issue the attention it is due.

Contact an Austin, TX Family Law Attorney

At Powers Kerr & Rashidi, PLLC, we can help you protect your parental rights and your children’s best interests in both long-term and temporary child custody proceedings. Our Austin, TX high asset divorce lawyers have experience with both amicable and complex child custody cases, and we will find the approach that works best for your case. Contact our office today by calling 512-610-6199.

Sources:

https://guides.sll.texas.gov/child-custody-and-support/temporary-orders

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.105.htm