Skillern Firm

(713) 229-8855

Skillern Firm
Home $ Child Custody $ How to Win a Temporary Custody Hearing?

How to Win a Temporary Custody Hearing?

When a couple decides to file for divorce, making decisions regarding any children involved is often the most important and highly contested issue. As divorce can take a long time to settle (sometimes up to two years), it is essential that parents have orders in place regarding children in the meantime. This helps minimize conflict and ensures that children have a routine and maintain a sense of normality.

The court will therefore hold a temporary child custody hearing to determine a custody and visitation schedule. This will be in place until the divorce decree is issued, at which point the final custody order will take its place. Although the custody order is temporary, it is still essential that the decisions made are in the best interests of the children. Therefore, it is important you know what to expect and how to win temporary custody.

Contact Skillern Firm

At Skillern Firm, we know every parent wants what’s best for the children, and so do we. We deal with divorces involving children on a daily basis and know how to guide you in the best way possible. Our family law firm has been practicing collectively for more than 50 years. We are committed to the attorney-client relationship and will guide you through your divorce from start to finish. To discuss your case with an experienced child custody attorney, call us today and arrange an initial consultation.

Call today at (936) 213-8479.

Reasons For Temporary Custody Orders

While you were married to your ex-spouse, you probably shared a home together with your children, which meant that you spent a lot of time together. Now that you have decided to live separately, you will need to work out where the children will live and how much time they will spend with each parent. If parties can agree on what temporary custody and visitation should look like, then they can enter a temporary child custody arrangement. In this case, the parents may also establish the final child custody and child support arrangement. 

An attorney from Skillern Firm will utilize negotiation and mediation to help you come to decisions on your own. These decisions can then be approved by a judge. This helps keep the process moving along quickly, allows you to come to personalized arrangements, and protects children from lengthy court battles. If parents cannot agree, then until a custody trial can be held, the court must issue a temporary custody order. Child custody litigation can be a long process, therefore you will need to attend a temporary child custody hearing, which will determine child custody while you await the final decision.

What’s Included in a Temporary Child Custody Agreement?

At Skillern Firm, we will help you agree on a temporary child custody agreement. Of course, this is not always possible, but where it is, we will support you to determine an arrangement that works for everybody. A temporary child custody agreement must be clear and detailed. In order for it to be approved, it must include everything that the court would include if they rendered the temporary order themselves. The most important aspects of a temporary child custody agreement include:

  • Where the child will live the majority of the time.
  • A detailed and specific visitation schedule for each parent.
  • Specific beginning and end dates of the agreements.
  • Whether either parent will pay child support, and if so, how much and when will it be paid.
  • Any other matters of importance for the child or parents.

When parents cannot agree, they will need to attend a temporary child custody hearing to determine temporary custody. At Skillern Firm, we will help you prepare for the custody hearing so that you understand how to win an outcome that is best for you and your children.

What Does a Temporary Child Custody Hearing Cover?

Every case involving child custody is unique, therefore there may be unique issues that apply to your family to address in a temporary child custody hearing. Issues that are likely to be addressed include:

  • Child support.
  • Temporary residence.
  • Child support.
  • Who will have primary custody.
  • Custody and visitation.
  • Spousal support.

Why Do I Need To Attend a Temporary Custody Hearing?

It is essential that you attend a temporary custody hearing if one is set by the courts. How you act may affect the final order, and therefore you will want to present yourself to the court in the best way possible. This is especially important if your ex-spouse is seeking full custody. When you seek advice from an attorney, they will help you secure temporary custody. At Skillern Firm we are committed to the attorney-client relationship, meaning that you can be entirely honest and upfront with us, as everything will remain confidential.

How Do I Prepare for a Temporary Orders Hearing?

In order to prepare for a temporary child custody hearing, an attorney will help you to:

  • Make a list of the reasons you believe you should be granted temporary custody, and why you do not think that the other parent should be awarded custody.
  • Any evidence that supports your position, such as cards, photographs, emails, texts, and more.
  • Write out a detailed history regarding your relationship with the other parent and with your child.
  • A childcare plan for when you are at work or school.
  • A proposed visitation schedule for your child and the other parent.
  • Speak to witnesses who can testify on your behalf.

Who Can Be a Temporary Guardian of Children?

Any responsible adult can be a temporary guardian of children. There are many circumstances where this may be necessary. For example, perhaps one parent is going through illness or addiction, or there has been a history of domestic violence. Common temporary guardians include grandparents, adult siblings, aunts and uncles, close friends of the parents, and godparents.

How Does The Court Decide on Temporary Custody?

The court decides, based on what is in the best interests of the child. They may consider factors such as:

  • Each parent’s ability to provide a safe, stable, and nurturing environment.
  • Each parent’s ability to meet the child’s needs now and in the future.
  • The willingness of each parent to facilitate visitation for their former spouse.
  • The child’s relationship with each parent, and other important figures in their life, such as extended family.
  • Any history of domestic abuse, substance misuse, or any criminal history.

Is it Possible To Lose Temporary Guardianship?

A temporary guardianship usually lasts for a set amount of time, or until a final divorce decree is issued. However, there are situations where someone could lose temporary guardianship. There must be a good reason in the best interests of the child, such as a significant change in circumstances. Reasons, why a judge might terminate a temporary guardianship, include:

  • You refuse to cooperate with the other parent or withhold visitation.
  • You have neglected or abused the child.
  • The child is not thriving in your care, or you make decisions that put them at risk.
  • You criticize the other parent in front of the child.
  • You are no longer able to care for the child because of an illness or injury.
  • Any other reason that is in the child’s best interest.

How to Win a Temporary Custody Hearing? FAQ.

Q: What happens in hearing for temporary orders in Texas?

A: A temporary order in Texas will involve presenting evidence and hearing testimony from both sides, in front of a family court judge. They will listen to the evidence and make a decision based on what they believe is in the best interests of the children.

Q: What is a temporary hearing?

A: A temporary hearing is a court hearing where a decision is made that places obligations on both spouses until the divorce is finalized.

What an Attorney Can Do For You

If you are hoping to win temporary child custody, then you should contact an experienced attorney as soon as possible. They will guide you through the process and help secure the best outcome. If you can come to a temporary custody agreement, then they will ensure that everything is clear and presented in the right manner, including custody, visitation, and support of your children.

If you cannot agree, then they will help you navigate the litigation process to maximize your chances of success. They will also represent you in the hearing and ensure that you present your case well to the judge. They will also guide you through all other family law matters. It is important to remember that how you settle a divorce could affect you and your children for the rest of your lives, so it is essential that you have representation from an experienced attorney who truly cares about your future.

Contact Skillern Firm

At Skillern Firm, we understand how difficult navigating child custody matters can be. We are here to guide you and secure the best possible future for you and your children. Using negotiation and mediation we will keep things as amicable as possible, but when necessary, we are prepared to be your advocate in court. Contact us today at (936) 213-8479 to talk to us about our family law services and to arrange an initial consultation with an experienced family law attorney.