If you are involved in a modification case regarding the primary residence of your child, you may wonder if the child’s residence can be changed during the temporary orders hearing. The answer is yes, but only under certain circumstances.
Here’s what you need to know about changing the child’s residence during a temporary orders hearing for a modification case.
The Law: Section 156.006 of the Family Code
Under Section 156.006 of the Texas Family Code, the court may not render a temporary order that has the effect of creating or changing a designation of the person who has the exclusive right to designate the primary residence of the child or creating or changing a geographic area within which a conservator must maintain the child’s primary residence, unless the order is in the best interest of the child and meets one of the following criteria:
- The child’s present circumstances would significantly impair their physical health or emotional development.
- The person designated in the final order has voluntarily relinquished the primary care and possession of the child for more than six months.
- The child is 12 years of age or older and has expressed their preference to the court in chambers.
In other words, the court can change the child’s residence during the temporary orders hearing if it is in the best interest of the child and meets one of the three criteria outlined in the Family Code.
The Purpose of Temporary Orders
It’s important to understand that temporary orders are meant to address urgent or emergency situations and are not intended to be a long-term solution. The purpose of temporary orders is to establish a temporary arrangement until a final order is issued.
Therefore, if the court changes the child’s residence during the temporary orders hearing, it does not necessarily mean that the child will permanently reside with the new conservator. The final order will determine the permanent arrangement for the child’s residence.
Consulting with an Attorney
If you are involved in a modification case regarding the primary residence of your child, it is important to consult with an experienced attorney who can help you understand your rights and options. An attorney can also help you navigate the legal system and protect your interests and the interests of your child.
An attorney can help you present evidence to the court that meets the criteria outlined in the Family Code to change the child’s residence during the temporary orders hearing. Additionally, an attorney can help you prepare for the final order hearing, where the permanent arrangement for the child’s residence will be determined.
If you are facing a family law issue and need representation for a final trial or any other legal matter, contact the Blacknall Firm today. Our team of experienced family law attorneys is dedicated to helping our clients achieve the best possible outcome in their cases. Let us put our skills and knowledge to work for you.