Understanding and Being Prepared for Your Temporary Order Hearing
In this podcast, Mark L. Scroggins, the divorce lawyer Frisco, TX families turn to for help, tells us how important it is to be prepared for a temporary order hearing and what to expect. Listen to the podcast to learn what generally happens, resolving issues in temporary orders hearings in Texas. For example, Mark talks about who is ordered to pay for what, who will live where, and what parental rights and duties are determined at a temporary order hearing. The order entered after the hearing continues in effect until the end of the case when final orders are entered and incorporated in your final decree.
The best thing you can do is hire an experienced, board-certified family lawyer when you are getting a divorce or filing a suit affecting the parent-child relationship. It is important to be well-prepared for your temporary orders hearing for many reasons, including time limitations in certain counties. If there are serious issues regarding children and custody, extra steps may be required to protect you and your family while your divorce or custody suit is ongoing.
Are there issues of drug and alcohol abuse? Are there issues of gross negligence or mental health? These are significant issues to be addressed at the temporary order hearing. Mark L. Scroggins is Board-Certified in family law by the Texas Board of Legal Specialization and he and his team of talented trial attorneys are there to protect you and your family.
This podcast and blog article summary covers highlights of common issues in temporary orders hearings in Texas and you can learn more by calling Scroggins Law Group at (214) 469-3100, with offices in Frisco, Dallas, and Plano, Texas.
Who Pays for What During the Divorce?
Generally, the routine family expenses are paid from the community estate, by the sole or primary wage earner. During a divorce with child custody issues, the primary objective is to maintain the status quo and focus on the best interests of the kids. As Mark explains in the podcast, at the temporary order hearing the parties address the regular expenses of the family and the order states who will pay for what expenses and any further details involved, during the pendency of the divorce, and through the final divorce decree.
The other spouse may need to get a job and skills training to earn more income. While temporary spousal support may be available during the divorce, the spouse earning less income may have to seek job retraining and get another job to move towards financial independence. Temporary spousal support may be ordered at the temporary orders hearing.
Evidence presented in the divorce establishes what money is needed to pay to maintain the status quo during the divorce. The court can direct bills to be paid from one account or another, from the funds available in the community estate. How money is to be transferred or used for various purposes as ordered, is figured out at the temporary order hearing as Mark explains in the podcast.
Who Lives Where During the Divorce?
When people talk about one of the parents being the ?primary parent,? they are likely referring to which parent has the exclusive right to establish the child?s residence. The primary parent might stay in the marital residence with the children and the other parent will stay somewhere else, possibly renting an apartment.
Every divorce is different and there can be a variety of parenting plans and situations. Mark explains in the podcast that when parents can get along well and reach agreements about co-parenting, the issue of who lives where does not need to take as much time during the temporary orders hearing. As Mark further explains, time to present evidence and argue your issues is limited in your temporary order hearing so being agreeable can go a long way.
In a recent podcast, Mark explained custody and possession schedules in greater detail: Creative Custody and Possession Schedules in Texas, with Mark Scroggins.
Parenting Rights During the Divorce
Medical, educational, psychiatric and psychological rights and duties of parents are determined at the temporary orders hearing unless otherwise set by the agreement of the parties. Usually, both parents have the right to consent to routine medical procedures in the child?s best interest. That means a doctor visit for fever, not cosmetic surgery to remove a birthmark, as Mark explains in one of the examples he offers during the podcast. He continues to talk about some common concerns including vaccinations. Additionally, common psychological issues involve testing and treatment for ADD/ADHD.
Explaining parental rights and duties, there are certain rights that are exclusive and independent rights. Other rights may be exclusive, but with a duty to confer with the other parent, or to simply provide them with notice. So one parent may have the right to be notified or conferred with, and that parent might not be able to do anything about it other than call their lawyer if they think there is a problem.
When you know what parenting issues apply with your family, you can anticipate potential conflicts and address those as you prepare for your temporary order hearing with your divorce lawyer.
You might also appreciate our podcast on co-parenting: Working Together in the Best Interest of the Children.
The popular publication, Psychology Today also has some tips: The Dos and Don?ts of Co-Parenting Well.
Preparing for a Temporary Order Hearing
Being prepared for your temporary order hearing is very important. In the podcast, Mark explains that there are different rules and time limitations in different local counties. For example, in Collin County, Texas the rules limit the time to 20 minutes for a temporary order hearing. If you need additional time, your attorney can file a motion for that in advance. Depending on your issues and the witnesses to be called, how you prepare for the temporary order hearing is essential to your case.
In the podcast, Mark talks about situations where a client hires him and reports that their lawyer did not prepare them well for their temporary order hearing. Mark will tell you that in most cases, what is ordered at a temporary orders hearing is what sticks until the end of the case. So when you need the right experts, additional time, and other accommodations you are seeking, it is important to hire the best divorce lawyer you can find, who can get the job done right, the first time.
Board-Certified in Family Law by the Texas Board of Legal Specialization, Mark L. Scroggins is an aggressive and experienced trial attorney who can help you and your family with all your divorce, child custody, and other family law issues. Mark and his team of talented trial attorneys at Scroggins Law Group serve North Texas families in Denton, Dallas, and Collin Counties with offices conveniently located in Frisco, Dallas, and Plano, Texas.
Call Scroggins Law Group today to schedule your consultation to learn your rights, options, and issues in temporary orders hearings in Texas.
You can also listen to this podcast on our Blog Talk Radio channel called the Scroggins Law Group Family Law Podcast where you can find?Issues in Temporary Order Hearings: Frisco TX Divorce Lawyer Mark L. Scroggins.