You don't have to wait until a case is resolved to obtain temporary custody, child support, various other forms of relief

October 21, 2015

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Scope and Nature of Temporary Orders: If you've been served with a Suit Affecting the Parent-Child Relationship (a SAPCR) or wish to file one, your initial discussion with your attorney will likely center around temporary orders. In Texas, Courts are permitted to render temporary orders for the safety and welfare of the child. They are temporary in that they are only effective during the pendency of the suit; after the case is resolved, the final judgment controls. Courts are given wide latitude regarding the scope and appropriateness of temporary orders. For example, aside from ordering things like temporary custody and child support, parenting courses and psychological evaluations can be ordered.

Hearing: Many forms of temporary relief can be granted before a hearing is had on the matter (so as to provide more immediate protection for children). Other matters, like temporary custody cannot be granted without notice and a hearing. Even if granted without notice and hearing, such temporary orders typically expire in fourteen days. Thus, a hearing is typically held by that date to determine whether the previously granted orders should expire or remain in effect.

They apply in non-SAPCR cases too: Notably, temporary orders can also be rendered in divorce cases, even if a child is not involved. Such orders can be wide-ranging as well, providing relief such as spousal support and protection of real property and assets.

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