During a Texas family law case, a temporary orders hearing has a tremendous impact. Although they do not receive the attention of trials, temporary order hearings should be treated with the same level of respect and gravity. The fact is that in temporary orders hearings, you and your opposing party go through what amounts to a mini-trial. This impacts a wide range of topics in your case. For that reason, preparation is crucial.
In today’s blog post from the Law Office of Bryan Fagan, we will discuss what it means to go through a family law case involving temporary orders. Along the way, we will discuss what to expect in a temporary order hearing. Additionally, what steps you can take to prepare for the hearing including identifying the most important areas of your case? This is done to set goals and expectations for the hearing itself.
Any questions you have about the material contained in this blog post can be addressed to the attorneys with the Law Office of Bryan Fagan. Our experienced family law attorneys know how to guide the family threw the critical temporary orders phase of their case. To learn more about our attorneys and how we help families just like yours please reach out to us today. Consultations are free of charge and available in person, over the phone, and via video.
What is a temporary orders hearing?
One of the most common questions that our attorneys are asked regarding temporary orders hearing is what the hearing is focused on. After all, if you are unfamiliar with temporary orders hearings then it is difficult to understand what to expect. To begin with, temporary order hearings occur at the beginning of your family law case. These hearings establish ground rules for the parties. Your behavior, habits, and other topics of discussion are all covered in a temporary orders hearing.
As we mentioned earlier in this blog post, a temporary orders hearing is, in truth, more akin to a trial than a mere hearing. Just because it is called the hearing does not mean that you should take the court appearance any less seriously. Brother, being prepared and moving forward with the game plan is of the utmost importance. If you are concerned about not having a game plan for your case, then please consider contacting the Law Office of Bryan Fagan. Our attorneys know how to help families like yours who need to prepare for temporary orders hearing.
The other reason why temporary orders hearings are so important is that what is established in temporary orders ends up being mirrored quite frequently in final orders. For example, if you are named as the primary conservator of your child in the temporary orders phase of your case then you are likely to be named as primary conservator in the final orders phase. Of course, a lot can happen in between temporary orders and a trial. However, all things being equal what is determined in temporary orders tends to stick for final orders.
Primary custody of the children as determined in temporary orders hearing
There are four issues that we would like to focus on in today’s blog post. The first of those issues is determining primary custody during the divorce or child custody case. As a parent, you likely have many concerns heading into a family law case. Foremost among them is the ability to maintain a strong and cohesive relationship with your child. Much of the time, this concern is alleviated when you know the time periods that you will be able to spend with your child. Ideally, your child will still be able to live with you throughout the family law case.
Determining the primary residence of your child is known as being the primary conservator. This is a key issue determined in a temporary orders hearing. Making a case for primary conservatorship means having evidence to show that you are best suited to care for your child on a day in and day out basis. For example, being able to show a judge that it is you who has been a parent who’s cared for your children for the most part on a primary basis is helpful. This is where having an experienced attorney truly can make a difference in your case.
Avoiding a temporary orders hearing in Texas
Much of the time, it is possible to avoid a temporary orders hearing if a settlement can be reached with your opposing party. Informal settlement negotiations and mediation offer parents a chance to avoid the need to go to court. However, when the issue being negotiated is that of primary custody it becomes more complex. This is a topic that can lead to disagreement and the need for a temporary orders hearing. Having an experienced family law attorney on your side can tip the scales in your favor. Developing a game plan and a set of concrete goals are two benefits of representation.
Child support in a Texas temporary orders hearing
One of the most contentious issues in all of Texas family law is child support. Child support puts parents on opposite sides of a financial question. That is all you need for a circumstance which produces animosity and strife. The irony, of course, is that you and your co-parent both want to do what is best for your child. It is not a situation where one of you wants to serve your child’s best interests and the other doesn’t. Rather, oftentimes this is a situation where reasonable people have differing views on a complex topic.
When it comes to proving your case in a Texas temporary orders hearing it means producing evidence. Going to court empty handed and just speaking in general terms is not a good idea. The court needs substantive, objective evidence to back up the points you are making. It is not enough to make pithy comments about your needs or that of your child. Ultimately, objective evidence based on the best interests of your child is what will win out.
If you are the parent who expects to be paid child support, then you need to prove the net monthly resources of your co-parent. This means collecting information about his or her pay, salary, bonuses and streams of income. On the other hand, if you expect to pay child support then you need to submit information to the court about your income as well as the needs of your child. Remember- the best interests of your child matter most. An accurate representation of your income and the best interests of your child matter the most.
Spousal support during a Texas temporary orders hearing
Texas spouses can pay and receive spousal support in a divorce case. During the divorce it is known as temporary spousal support. This is intended t be a temporary payment of support to a spouse who needs to pay bills during the case. Preparing a household budget is key to this analysis. Showing the money coming into your home and the money going out of the home is an important consideration. Again, objective evidence is much more convincing than a hope and prayer. Show the judge why you need to be paid this money.
Meeting your spouse’s minimum, basic needs is the main reason that spousal support may be ordered in your case. Temporary spousal support is not uncommon as an order in your divorce. However, keep in mind that you can present counter evidence about why spousal support does not need to be paid. If you have no ability to pay spousal support, then this is pertinent. Show the income coming into your house, your bills and your child support expectation. You need to be able to pay your own bills at home before you can be expected to pay spousal support temporarily.
Finally, Texas does have post-divorce spousal support. This is known as spousal maintenance. Spousal maintenance cannot be ordered in a Texas temporary orders hearing. It is only ordered after a trial. Your marriage must have lasted for at least ten years in most situations. Otherwise, you would need to show that your spouse engaged in acts of family violence within the past two years that he received prison time for or deferred adjudication.
Who has access to the marital residence during the divorce?
A critical, yet practical question to be asked surrounding the divorce is who has access to the family home during this case. Undoubtedly, you and your spouse are doing your best to minimize disruptions to your lives right now. That means considering the needs of your children and the overall functioning of your home environment. The better you can do this the more effective you will be as a party to your divorce.
Consider that preparing for a temporary orders hearing in Texas means that you need to be prepared. Going into this type of hearing without a plan is like climbing a mountain without supplies. It is not going to go well. A judge cannot just look at you with a sympathetic eye and rule in your favor. Rather, you need to be able to show the court that you need to remain in the home if that is your desire. Being the primary conservator of your children is a common reason why remaining in the home may be important to you.
Another factor to consider is whether you will be responsible for paying the bills during the divorce. Spouses commonly split bills during a divorce- no matter who is going to be staying in the home. However, do not let the house cause you to lose out on other topics in the divorce. So many spouses will put on blinders and ignore other issues if only to stay in the house. Rather, think about all the issues of your case and prioritize them. When negotiating does not allow your spouse to put you over a barrel because of your overwhelming desire to remain in the family home.
Preparing for a Temporary Orders hearing in Texas
A temporary orders hearing in Texas occurs soon after the case is filed. Whether you are going through a child custody or divorce case, the temporary orders hearing is one where you should be ready to go almost immediately after your spouse is served with divorce papers. If you are the spouse who is the responding party to the divorce, then anticipate a temporary orders hearing being scheduled not but a few weeks after you are served. The same is true if you are served in a child custody case.
This places a hefty burden on you to prepare diligently in your case. For example, consider a common scenario in Texas divorce cases. When your wife files for divorce she may choose to include proposed temporary orders. These temporary orders would be reviewed by the judge of your court. From there, the judge may choose to sign those temporary orders placing them into effect immediately. The result is that you would be under a temporary restraining order until the time of your temporary orders hearing.
At the temporary orders hearing you can present evidence. This is on a range of topics such as child custody, child support and division of household bills. Being able to hit the ground running regarding these topics is essential. An experienced family law attorney can help tremendously when it comes to preparing for a court date. Talk to the Law Office of Bryan Fagan about how we can help with a temporary orders hearing in Texas.
Focusing on the best interests of your child when determining temporary custody
In a temporary orders hearing on child custody the most important aspect of the case is the best interest of your children. Forming a comprehensive view of your history as a parent means looking at your track record. What role have you played in the formation of your children to that point? Additionally, how have you acted as the primary conservator of your children previously? These are the type of questions that you should expect to answer in a temporary orders hearing.
Do not expect that the answer to these questions will leap out and grab the judge by the shoulders. Rather, you need to be able to effectively present evidence in a hearing. This is not simple. There is a process involved with introducing, offering and admitting evidence into the record of your temporary orders hearing. The rules of evidence are very complex. Attorneys spend years honing their skills when it comes to having evidence admitted in a case. Therefore, you should not expect to be skilled at this. Even after reading many blog posts there is a component of real-life experience that cannot be understated.
As a result, working with an experienced Texas family law attorney is a tremendous advantage to have in this regard. When you attend a temporary orders hearing in Texas you want to take advantage of the opportunity. Depending upon the length of your case the results of the temporary orders hearing can impact your family for months to come. Put your best foot forward and be prepared to focus on the best interests of your children any temporary orders hearing. The best way to do this is to effectively present persuasive evidence in your temporary orders hearing.
Final thoughts on preparing for a temporary orders hearing in Texas
Being able to have a good experience in your temporary orders hearing means being prepared. Family law cases offer parties such as yourself a great opportunity to lay the foundation for a favorable result early in the process. Developing a case strategy, identifying your goals and then focusing on a strategy is it sensible route to take. However, being able to do this during a complex and stressful environment is not easy. Many people and family law cases can lose track of their goals prior to a temporary orders hearing in Texas.
The attorneys with the Law Office of Bryan Fagan thank you for choosing to spend part of your day with us here on our blog. Our attorneys post unique and informative content about the world of Texas family law seven days a week. Questions that you have about family law can almost certainly be answered by reading one of our blog posts. However, do not stop there. Additional questions should be addressed to our attorneys and a free of charge consultation.
The Law Office of Bryan Fagan has office locations throughout the state of Texas. This means that one of our experienced family law attorneys is never far from you. Whether you meet with one of our attorneys in person, via video or on the phone you can receive information based on your specific circumstances.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
