Understanding Temporary Orders in Family Court

In Texas family law cases, temporary orders are enforceable court directives issued at the beginning of a divorce or a Suit Affecting the Parent-Child Relationship (SAPCR). These short-term orders establish guidelines for issues such as child custody, child support, spousal maintenance, and the use of marital property while the case remains ongoing. Their purpose is to maintain stability and structure until the court enters a final judgment or decree. Temporary orders are typically issued after one party files a motion, and the court conducts a hearing.

What Does a Temporary Order Do?

A temporary order creates a legally binding framework that governs day-to-day life during a pending divorce, custody, or support case. This framework prevents either party from making drastic changes to the family’s financial situation, living arrangements, or parenting schedule while the case is still being resolved.

The court has broad authority to issue temporary orders for the safety and welfare of the children involved under Texas Family Code § 105.001, and Texas Family Code § 6.502 allows temporary orders in pending divorces regarding property, assets, and potential spousal support.

What Issues Do Temporary Orders Address?

Temporary orders can cover nearly any issue present in a family law case. The specific terms depend on your circumstances, but judges in Bexar County commonly address the following:

• Possession and access: Determines which parent has the children on specific days and sets a visitation schedule that both parties must follow.
• Primary residence of the children: Establishes where the children will live during the case and which parent has the right to designate their primary home.
• Child custody rights and duties: Assigns decision-making authority over education, medical care, and other matters affecting the children’s welfare.
• Child support: Sets a monthly payment amount based on Texas child support guidelines, typically calculated as a fixed percentage of the paying parent’s net resources.
• Use of property: Decides who stays in the family home and who has access to vehicles, bank accounts, and other shared assets.
• Temporary spousal maintenance: Provides short-term financial support to a spouse who lacks sufficient income to cover basic living expenses during the case.
• Restraining provisions: Prohibits both parties from moving children out of state, hiding assets, destroying documents, harassing each other, or making major financial decisions without court approval.

How Do You Obtain a Temporary Order?

Either party in a pending family law case can request temporary orders by filing a motion with the court. The general process includes:

• File a motion for temporary orders with the Bexar County District Clerk
• Serve the other party with notice of the hearing
• Gather financial records, pay stubs, and other supporting documents
• Attend the hearing and present your position to the judge

What Happens at a Temporary Orders Hearing?

A temporary orders hearing takes place before a judge in one of the Bexar County family district courts. Both sides present evidence, call witnesses, and make arguments about what the temporary arrangements should look like. These hearings are shorter than a final trial, often lasting a few hours rather than multiple days. The judge typically issues a ruling the same day or shortly thereafter, and the order takes effect immediately upon signing.

What Do Judges Consider When Deciding Temporary Orders?

Judges base their decisions on what they believe will best protect the children and maintain fairness between the parties during the case. The court looks at the full picture of each family’s situation, and some of the most common factors include:

• Each parent’s relationship with the children
• The children’s current school, activities, and routines
• Each party’s income and financial needs
• Any history of family violence or substance abuse
• The location and condition of the family home
• Each parent’s work schedule and availability

How Long Do Temporary Orders Last in Texas?

Temporary orders remain in effect from the date the judge signs them until the court issues final orders or the case is dismissed. In most San Antonio family cases, that means they last anywhere from a few months to over a year, depending on how quickly the parties reach an agreement or proceed to trial.

Can You Change a Temporary Order?

Yes, you can ask the court to modify a temporary order if your circumstances have changed significantly since the original order was entered. For example, if you lose your job, relocate for work, or face a change in your child’s needs, you can file a motion requesting adjusted terms.

Securing Your Family’s Stability During Texas Divorce Proceedings

Temporary orders can significantly shape the direction of your family law case, and the decisions made at this stage often influence the terms of the final orders entered later. At Prince Contreras PLLC, our firm has more than 30 years of cumulative experience and can assess your situation, explain what temporary orders would look like in your case, and help you take the right steps to protect your family’s stability.

Do not wait to call (210) 227-7821 or use our online contact form to schedule a free consultation with our family law attorneys in San Antonio.

Prince Contreras PLLC – San Antonio Office

342 W. Woodlawn Ave Suite 300
San Antonio, TX 78212

Phone: (210) 610 2016
Fax: (210) 320 1066