Mark Scroggins
Hey folks, Mark Scroggins with Scroggins Law Group, you know, we get a lot of questions aside from the reclamation transformation podcast. And so these are a number of questions that I’m going to go ahead and answer that I think are timely and need to be answered now. Now, that being said, one thing that’s really important to know is that the answers to these questions does not create an attorney client relationship between me individually or Scroggins law group collectively, and anybody that is listening to this, this is not specific legal advice. These are just things that you need to go and talk to a lawyer about, if you’re facing these questions. So having said that, what happens after temporary orders during a divorce, or during what is called a saps or suit affecting parent child relationship, in other words, child custody. So typically, a lot, all right, temporary orders are are generally put in place, usually at the beginning of a case, and it is typically going to be to maintain what has been the status quo, okay. Or if the status quo needs to be changed, temporary orders can be used for that. So let’s just look at it in the context of a divorce, Mom and Dad reside in the house with their two kids, all right, and both want to get primary of the kids. So in other words, both wants to be named joint managing conservator, with the exclusive right to determine the primary domicile for the children, so neither wants to move out of the house, they want the other party to move out of the house, okay, at a temporary order hearing, a judge is going to make that determination of who is going to reside in the marital residence, and who is going to have to move out, they’re also going to make decisions based on who’s going to pay for what, who’s going to have what period of possession and access and a whole litany of other questions. Now, does that mean that that can never be changed? Not necessarily. But a lot of that is going to depend on what county you’re in. Some counties will want to have a one and done rule, once there has been a temporary order that has been put in place, they might not entertain a subsequent temporary order hearing unless you’ve got really emergency type situations. Now, that isn’t the case in every single county, but it is getting to become more commonplace that a way to control their docket is not to allow you to come back over and over and over again. And obviously, you know, the length of the litigation is also going to be a significant issue there. Those things are really the same type of issues that need to be dealt with in just a child custody matter where there’s not a where there’s not a divorce. So it could be a modification. It could be the first time that you know, a couple have kids together. But let’s say they’ve never, they’ve never gotten married or they’ve never resided together. But a lot of these same types of issues need to be addressed. You can also address things like does a psychiatric evaluation need to take place? Does a psychological evaluation need to take place? Is there going to be a child custody evaluation that is ordered is an amicus attorney going to be ordered. So what happens with all of those great questions? Send us those questions and we’ll address them in future FAQs, or in subsequent podcasts
