Bedford, USA, March 1, 2021 / Hargrave Law, PC /
Getting a divorce or solving a custody problem can be time consuming. For this reason, courts often grant so-called temporary custody of children during the proceedings. However, temporary orders require an official request from a parent. So if you’re applying for temporary detention, it’s important to speak to an experienced Texan custody attorney who can guide you through the enrollment process.
What are temporary orders?
Because solving a divorce can be so time-consuming, families often try to resolve certain important issues (temporarily) in a brief hearing in front of a judge. In order to obtain such an order, one of the parties must file an application with the court. At this point, a hearing is quickly scheduled and a decision is made. The parties can not only ask a court to make a temporary decision on custody, but also apply for maintenance, maintenance or the use of the family home. Temporary orders usually remain in force until the court holds another hearing on the matter or the parents reach an out-of-court settlement through mediation or negotiation.
The child’s best interests
When deciding where a child will live while a divorce is pending, the courts will only use what they consider to be the best interests of the child. This determination can be complicated as it requires analysis of a number of factors including:
- The child’s physical and emotional needs based on their age and development;
- The mental and physical health of both parents;
- The degree of involvement of each parent in the child;
- The child’s home, school, and community records;
- The child’s preference when considered mature enough to make an informed choice; and
- Whether there is a history of domestic violence or substance abuse by one of the parents.
To learn more about these factors and how they can affect your child’s custody decision, contact our office today.
Minimal disruption
In addition to these factors, the Texas courts also consider what type of custody arrangement would least disrupt the child’s life. For example, if a couple’s child has lived in the same house for an extended period of time, has a routine, or has a strong connection with the community (including the extended family), a court may decide that the child stays in that home for his or her best Interest. Courts also often find it more beneficial for a child to stay in the house they lived in prior to the divorce in the hope that maintaining some semblance of routine and normality will help keep the child safe from the effects of a divorce protect. Often times, the party primarily responsible for looking after the child is actually granted exclusive use of the house for that purpose.
Agreement on temporary child custody
In many cases, parents disagree on the question of a child’s temporary residence, but they can make an out-of-court decision. In these cases, the parties submit the proposal to the court. At that point, a judge is hired to approve or reject the plan. In either case, the plan does not become official until a court determines one of the parents as the exclusive right to choose the child’s place of residence, at least temporarily.
A seasoned custody attorney in Texas
Call Hargrave Law, PC, to speak to a dedicated custody attorney about applying for temporary custody of your child. today at 817-968-7191. You can also schedule an initial consultation by contacting a member of our legal team via an online message.
Source: Precision Legal Marketing
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