When people file for divorce, they have to separate their lives. One spouse makes the decision to file, and both spouses must then negotiate marital matters. If they cannot reach an agreement, then the matter may require litigation in family court.
It can take many months or sometimes more than a year to resolve the outstanding matters between spouses before the courts finalize the divorce. When there are children in the family, divorce proceedings can take longer than usual. Life could become very unstable and unpredictable if parents have to constantly communicate to divide parenting time between themselves while waiting to finalize a divorce.
The Texas family courts typically issue temporary custody orders after conducting a hearing when one spouse files for divorce. Temporary custody orders can help make life more predictable during the tumultuous early months of divorce.
What is a temporary custody order?
Temporary custody orders typically take effect shortly after one spouse decides to file for divorce or when unmarried parents need to settle custody matters. The courts allow for a brief hearing at which both parents can present their point of view. Parents can also agree to terms for a temporary custody order, either on their own or after completing mediation.
Most of the time, temporary custody orders include a division of parenting time that gives both adults overnight time with the children and a degree of decision-making authority. The order establishes where the child lives, what access the parents have and what child support may be necessary. In some cases, such as when the filing spouse has also requested a restraining order, a temporary custody order may grant one parent far more parenting time and the other only visitation rights.
How long do temporary orders stay in effect?
The temporary order determines the allocation of parental rights and responsibilities until a judge has an opportunity to thoroughly review family circumstances. Temporary custody orders are an important tool for divorcing parents, but the final custody order can potentially be vastly different
Parents can agree to adopt the terms established in a temporary custody order or to adjust them to better fit family needs. If the parents can’t agree, the temporary order and their compliance with it can influence the judge’s final determinations about custody.
Understanding the stages of establishing shared custody can help people prepare for a divorce with minor children. Parents who develop an effective strategy may convince the courts to alter the terms of a temporary custody order based on what is likely to be in the best interest of the children.