The aftermath of a divorce or child custody dispute can feel overwhelming, especially as you try to process the different court orders that were issued. Included in the orders issued by the judge may have been temporary custody orders.
Temporary orders are not meant to be permanent, and the details of the order may be subject to change in the future. During these times, it’s helpful to rely on a skilled family law attorney to help you advance toward more permanent protection.
If you’re looking to modify temporary custody orders in Texas, an attorney can assist with the process and represent your and your child’s best interests. Learn how an attorney can extend your protection through the modification process.
What Is a Temporary Custody Order?
A temporary child custody order is a short-term solution to address a custody issue. The judge may issue a temporary order while your case is ongoing to “put a pin” on the matter before entering the final judgment.
A parent may choose to ask the court for a temporary custody order for multiple reasons, such as:
- The parent expects the case to take a long time to resolve
- The other parent is putting the child’s life and well-being at risk
- One parent believes the other parent intends to take the child
- A parent is called for military duty
Asking the court for temporary custody can help give the child stability during the case. Also, if a parent wants to protect the child from abuse or neglect, they can request temporary custody.
Similarly, a temporary custody order can help prevent one parent from wrongfully taking the child away. It can also give the non-military parent temporary physical custody while the military parent is away serving our country.
Keep in mind that temporary orders are not lasting and eventually expire. How long a temporary custody order lasts is based on the circumstances and the judge’s discretion. At some point, a permanent court order will replace a temporary order.
For temporary and permanent child custody orders, judges must consider several details to help ensure they do what is in the child’s best interests. Some factors judges consider include:
- The relationship between the parents and the child
- The child’s physical and emotional needs
- Who is capable of providing care for the child
- A history of domestic abuse or neglect
- The parenting ability of each parent
- How the current visitation schedule is affecting the child
Judges do not take custody matters lightly. They recognize that custody decisions can heavily impact a child’s life and well-being, which is why modifying an existing order is often a suitable option to protect the interests of the child.
Can Custody Orders Be Modified?
Texas law allows for modifications of child custody orders. If both parents agree to the modification, they can document the changes they wish to make and present the proposed new custody arrangement to the court for approval. If the parents do not agree to the change, they must appear in court.
As far as temporary custody orders go, though, judges are typically more reluctant to modify these orders. To modify the order, you must show the judge there is an issue that cannot wait to be resolved at trial. These matters include such issues as child endangerment or a parent violating the terms of the order.
To modify temporary custody orders, you will need to include your reasoning for filing a motion to modify. Because judges are more resistant to modifying temporary child custody orders, it’s helpful to include affidavits from certain parties – including therapists or teachers – that support your case. This evidence can further convince the judge to make the necessary changes to the temporary order.
In these cases, modifying the temporary orders can extend the protection they offer. Otherwise, the most likely course of action is to pursue a more permanent custody order that outlines the updated custody terms.
Modify Temporary Custody Order: Find Help From Our Attorneys
If you want to modify temporary custody orders, an experienced family law attorney is key. Your attorney can protect your rights, recommend the best path forward for your family, help you file a petition to the court, and present the best argument to modify your custody agreement.
The skilled team at Parker & Aguilar proudly serves clients in Fort Bend County, Brazoria County, Galveston County, and Matagorda County. If you live in one of these counties, please contact us to discuss the steps required to modify a temporary custody order.
Call our Angleton office at 979-267-7660 or our Sugar Land office at 281-944-5485 to speak with a local family law attorney. Let’s discuss your situation so that you can pursue the best legal custody action for your situation.