As a divorce attorney in Texas, I often receive questions about the dos and don’ts of temporary orders under Family Code 156 and 153. These codes outline the rules and regulations for issuing temporary orders during a pending suit for modification, specifically regarding the designation of the primary residence of a child and the geographic area in which a conservator must maintain the child’s primary residence.
Under Section 156.006 of the 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.
It is important to note that temporary orders under Family Code 156 and 153 are limited in scope and cannot create or change a designation or geographic area in a way that conflicts with the final order. These orders are intended to address urgent or emergency situations and are not intended to be a long-term solution.
If you are involved in a divorce or custody case and have questions about temporary orders, it is important to consult with an experienced divorce attorney who can help you understand your rights and options. An experienced attorney can also help you navigate the legal system and protect your interests and the interests of your child.