A court may issue temporary orders in a suit affecting children for the safety and welfare of the child. Temporary orders typically state who has temporary conservatorship of the child, include an order for temporary support of the child, if any, restrain a party from disturbing the peace of the child, prevent removal from an identified geographic area, and order payment of reasonable attorney’s fees and expenses. Temporary orders expire at the final hearing or trial.
There are several things a party may request at a temporary orders hearing. For example, a temporary order may address rights, duties, and privileges of parties including whether the parties will have joint custody of the children or one party will have sole custody, where the child will attend school for the near future, and whether there is a geographic restriction on where the child will reside. A temporary order may also address a parent’s right to possession and access to the child and whether there are any conditions to this possession and access. Some conditions the court may include are parent counseling, psychological evaluations, co-parenting classes, and anger management classes.
Child support may also be addressed in temporary orders. Typically, the amount of child support awarded is based on guidelines, a specific calculation laid out in the Texas Family Code. However, if the proven needs of the children exceed the guideline amount, a court has discretion to award a higher amount of child support. On the other hand, a court generally will not consider a particular standard of living or lifestyle as an appropriate reason to award child support in excess of the guidelines. Finally, a court will usually order health insurance coverage for a child in the temporary orders in addition to dental insurance and possibly interim attorney’s fees.
If you need help navigating the waters of a suit involving your children, contact the Law Office of Robert Tsai, PLLC at 832-278-1995 so we can help you get the best outcome possible.