Can I Protect My Kid From Their Other Parent?

December 11, 2018

 

 You can request temporary orders when you file for divorce or anytime afterward if you’re worried about your child’s safety or protecting their stability.  Likewise, you can also file for temporary orders anytime during a Suit Affecting the Parent-Child Relationship (“SAPCR”).  Texas courts are authorized to grant temporary orders quickly, and may grant Temporary Restraining Orders before a Temporary Orders hearing can be held, if doing so protects the safety and welfare of the child.

 

What Is A Temporary Order?

 

A temporary order is an order from a court that requires or prevents certain actions.  They should be taken seriously for two reasons.  First, the order will stay in effect until a final order is issued at the end of your case, meaning that violations of the order can trigger punishment from the court and may negatively impact the violating parent’s case.  Second, temporary orders are often used as the basis for final orders.  If temporary orders were implemented and things went smoothly while the case was being completed, what reasons would the court have for changing things too much?

 

What Are Temporary Orders For?

 

The first thing to understand is that the key to temporary orders is that they’re designed to protect the safety and welfare of your kids.  Temporary orders may be granted for custody, visitation, child support, and providing health insurance.

 

What Are Temporary Restraining Orders For?

 

Temporary Restraining Orders are used in emergency situation when it’s necessary to protect you, your property, or your children during the time before a Temporary Orders Hearing can be held.  Temporary Restraining Orders can be used to keep the other parent away from your children, but can’t be used to determine custody, child support, or prevent a spouse from staying at their house. 

 

If you’re getting divorced or dealing with a SAPCR and fear that your children are at risk, call Kannon Moore at 512-900-6011 for a free case review. 

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