In case the title of this blog post didn’t give it away, this is the second in a series of articles that the Law Office of Bryan Fagan, PLLC has produced to introduce topics that concern Temporary Orders Hearings in Texas. Each post does not contain a single theme or topic but rather touch on subjects that are pretty wide-ranging. Let’s continue with today’s post which goes over information concerning witnesses, temporary custody hearing, temporary custody of a child and visitation during the divorce.
Witnesses at your Temporary Custody Hearing
Depending on the court and county of your divorce case, you might have the opportunity to have one or two witnesses testify for you. Judges usually don’t allow numerous witnesses. Your Houston divorce attorney will likely advise against family members as witnesses unless they have crucial information.
Family members are often biased, making their testimony less persuasive. Judges seek unbiased information to determine the case’s outcome. Your mother testifying about your good character won’t heavily influence the judge’s decision.
If you have a witness, provide their name and contact info to your lawyer promptly. This allows your attorney to connect with the witness, assess their usefulness, and plan accordingly. Your case is your own, and if you want to use a witness, that’s fine. However, questioning a witness takes time that could be spent presenting more critical information to the judge.
Temporary Custody of a Child
The most noteworthy aspect of child custody determinations during a temporary custody hearing in Texas is having the judge determine which parent will have the exclusive right to determine the primary residence of the child. In most instances both parents offer positive attributes to be able to care for the child on a regular basis. Obviously family violence, drug or alcohol abuse or neglect can negate the ability of a parent to given this right. Absent these conditions the judge will have to determine which parent should have the child primarily and what is in the child’s best interests.
What factors will a judge consider when making this determination? While this is not an exhaustive list, some relevant factors include:
- Who gets the child ready for school or day care?
- Who bathes the child and puts them to bed at night?
- Who prepares meals and feeds the child?
- Who provides the majority of the transportation for the child?
- Who is more in tune with the child’s medical treatment and regular doctor’s appointments?
- Who attends the parent teacher conferences and other school activities with more regularity?
- Who provides assistance with homework and school projects?
It is not an easy decision for a judge to decide which parent should have the right to determine where a child lives. It is probably the most difficult decision a judge has to make in a temporary custody hearing. However, being aware of what the judge will consider when making a decision can provide peace of mind for an anxious client.
Visitation during Temporary Orders
Generally, parents can create their visitation schedule if they agree on it. They know their child’s needs best.
If they can’t agree, the court steps in. In Texas, the Standard Possession Order is presumed to be in the child’s best interest. For parents living within 100 miles of each other, this means the non-primary parent gets the child on the first, third, and fifth weekends each month, plus Thursday evenings from 6:00 to 8:00 p.m.
Holidays like Spring Break, Thanksgiving, and Christmas are shared. Christmas Break is split into two parts, alternating yearly. Even with a Standard Possession Order, it’s up to the parents to follow it. Sometimes, a court visit brings them closer.
The Importance of Temporary Orders Requires Experienced Representatives
Make no mistake, a Temporary Orders Hearing is essentially a trial during the early stages of your divorce case. What is ordered on a temporary basis tends to be what is ordered upon final orders as well. With that said, having the right attorney by your side can make all the difference. The attorneys with the Law Office of Bryan Fagan, PLLC represent clients in temporary orders hearings on a regular basis. To learn more about our office and the services we provide please contact our office for a free of charge consultation.
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Other Articles you may be interested in:
- Preparing for a Temporary Orders Hearing in Texas, Part One
- Do I need Temporary Orders in my Texas Divorce?
- Temporary Orders and Temporary Restraining Orders in Texas
- Getting Ready for a Hearing On Temporary Custody Orders
- The Divorce Temporary Orders Guide
- Temporary Orders and Temporary Restraining Orders in Texas
- What Wikipedia Can’t Tell you About Texas Divorce and Marital Property Division
- Texas Divorce Property Division Enforcement
- Separate Property in a Texas Divorce?
- Does it Matter Whose Name is on Title or Deed of Property in a Divorce in Texas?
Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with one of our Houston, TX Divorce Lawyers right away to protect your rights.
Our divorce lawyers in Houston TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
