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Depending on the county in Texas where you reside, upon filing for divorce or a suit affecting the parent-child relationship, specific court orders may immediately come into effect for you, your spouse, and your children. These orders are commonly referred to as “Standing Orders.”
If you file the Petition, you become the Petitioner. You must ensure that your spouse or the other parent of your child receives a copy of the Standing Orders for your county, depending on whether your case involves divorce or child custody. The Standing Orders are typically lengthy and are not always easy to understand.
A quick and easy explanation is that the Standing Orders place restrictions upon you and the opposing party in your case as far as your behavior is concerned. Many clients have questions about what Standing Orders affect from my experience with helping people across southeast Texas with child custody and divorce cases. This blog post aims to discuss the most relevant portions of a Standing Order and how it will impact your life.
The Basics of a Standing Order
First of all, if you are in southeast Texas, you may be wondering if your County actually has a Standing Order. Residents of Harris and Fort Bend counties do not have to concern themselves with Standing Orders. However- Chambers, Waller, Montgomery, and Liberty county residents will have Standing Orders apply to your case.
Generally, the Standing Orders serve as a placeholder until you and the opposing party can either agree on Temporary Orders or attend a hearing where the judge will establish those Temporary Orders. However, the Standing Orders can remain in effect for the duration of your divorce if neither you nor your spouse requests additional temporary orders.
What are the main issues that Standing Orders are intended to take into consideration?
Maintaining the Status Quo with your children
It is possible that you or the opposing party could disrupt your children’s lives as a result of filing a lawsuit. This could mean unenrolling them from school and not telling your spouse or the other parent where their new school is. This could mean outright taking the kids to your parent’s home in another state or another country. If these are concerns of yours heading into a divorce, then you can take solace in the fact that every county in Texas, even those without standing orders, takes these concerns into account.
Another aspect of keeping the kids safe during the divorce or child custody case is ensuring that their parents mind their manners when in front of the children. This means not saying negative things about the other parent while in front of the child. This prohibition against making not-so-nice comments about each other will typically extend to both parents’ families. Your reaction to this protection may be the same as mine- how in the world can a court actually enforce this? I agree that proving a violation of this portion of a standing order can be difficult. However, having it in place will discourage many people from violating it.
Restrictions on dating relationships in standing orders
Finally, if you are in a dating relationship with someone, a standing order in most counties will bar your significant other from being in your home when the children are with you during the hours of 6:00 p.m. to 6:00 a.m. The specific hours may vary to a degree from county to county, but the purpose of this specific order is the same.
Do not expose your children to any behavior during your legal case that could make them feel uncomfortable or confused about their safety. This part of a standing order is sometimes difficult for clients to understand. After all, aren’t you an adult who has the ability to engage in relationships of your choosing? Well, while that may be true to an extent, once you enter into a legal case, you basically give up some of your autonomy for a short period of time. Think of it as a short-term sacrifice to achieve a long-term goal.
Property is to be maintained as much as possible during the course of your divorce or child custody case
This section is important for people going through a divorce specifically. If you have any property, it is your duty to let your attorney know about it and to inventory it for the opposing party to review. You can also not sell, buy, or otherwise change the status of any property you have either.
A standing order will prevent you from racking up a bunch of debt on your credit card or taking out a loan at the bank. The bare essentials are what the court will want you and your opposing party to focus on during your divorce. Remember that all property will be divided after your divorce. Neither you nor your spouse can accurately assess what needs division if you do not honestly disclose your available debts and property to the court.
Conclusion
Understanding the implications of “Standing Orders” in Texas counties upon filing for divorce or a suit affecting parent-child relationships is crucial. These orders serve to establish immediate guidelines and protections for all parties involved, ensuring stability and predictability during the legal process. By familiarizing oneself with these standing orders and adhering to their provisions, individuals can navigate their family law proceedings with clarity and compliance, ultimately fostering smoother transitions and resolutions for everyone affected.
Questions about Standing Orders in your Divorce or Child Custody case? Contact the Law Office of Bryan Fagan, PLLC
Many people focus on the beginning and end of their divorce or child custody case and gloss over the middle section. A standing order is intended to consider the need for people to continue to live “normal” lives during a family law case while balancing the need for stability and predictability in their cases.
If you have any questions about this subject, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. Our licensed family law attorneys are available to meet with you six days a week for a free charge consultation.
Other Articles you may be interested in:
- Clarification of Standard Custody for Temporary Orders in a Modification Suit
- Understanding Child Visitation and Standard Possession Orders in Texas: A Detailed Guide by the Law Office of Bryan Fagan
- Understanding Nunc Pro Tunc Orders in Texas Divorce Cases
- Child Custody Basics in Texas
- Are Dads at a Disadvantage when trying to win 50/50 custody in a Texas Divorce?
- Sole Managing Conservator in a Child Custody Case in Texas?
- Help!! My Ex-Spouse Kidnapped my Child
- How Much Will My Texas Child Custody Case Cost?
- When Can a Minor Child Weigh in on Custody Decisions in Texas?”
- Child Custody Geographic Restrictions in Texas
- What Are Standing Orders and How Do They Affect My Life During a Divorce?
