Child custody can be one of the most stressful parts of a divorce or separation. If parents can’t agree on where the child should live or who should make decisions during the legal process, the court may step in. That’s where temporary custody comes in.
Temporary custody is a legal solution that gives one or both parents short-term rights and responsibilities while the case is ongoing. It doesn’t mean the final decision. But it can affect your family life for months, and may even influence the final outcome.
In this blog, we’ll explain what temporary custody is, how it works, and what the Texas Family Code says about it. Whether you’re dealing with a contested divorce or simply need guidance, this information can help you understand what to expect.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
What Is Temporary Custody?
Temporary custody is a court order that outlines where a child will live and who will make decisions for the child while the parents’ legal case is pending.
This order is usually put in place early in a divorce, legal separation, or child custody case. It’s not permanent, but it does have legal power. Both parents must follow it unless it is changed by the court.
Key Points About Temporary Custody:
- It can be granted before the divorce is finalized.
- It can include visitation schedules, child support, and decision-making rights.
- It can help prevent conflict, confusion, or harm to the child.
- It is legally enforceable like any other court order.
Why Temporary Custody Matters
Temporary custody sets the tone for the case. Judges often don’t want to disrupt a child’s routine once it’s working, so the temporary order can shape the final custody plan.
That’s why having an affordable family lawyer or a trusted divorce attorney in Fort Worth can make a big difference during this stage.
Examples of Temporary Custody Situations
Here are a few examples to make things clearer:
Example 1:
A mother and father in Tarrant County separate suddenly. They can’t agree on who the child should stay with. The mother files for divorce and asks the court for temporary custody. The court grants her primary possession with scheduled visitation for the father.
Example 2:
In a high net worth divorce, both parents live in separate cities. The child’s school and doctors are in Dallas. The judge gives temporary custody to the parent who stayed in Dallas to avoid disrupting the child’s routine.
Example 3:
In a case involving allegations of abuse, the court awards one parent sole temporary custody while limiting the other parent’s access to supervised visits.
In all of these, the temporary order helped keep the child safe, reduce conflict, and provide legal clarity during a stressful time.
How Do You Get Temporary Custody in Texas?
You or your attorney can file a Motion for Temporary Orders after a divorce or custody case is opened.
The court will hold a hearing where both sides can present evidence. Based on what the judge hears, they’ll decide on a temporary arrangement.
You may need:
- Proof of your involvement in the child’s life
- Evidence of the child’s routine and stability
- Concerns about the other parent’s behavior (if any)
Having a divorce attorney for a free consultation can help you prepare for this process.
What the Texas Family Code Says
Temporary custody orders fall under Texas Family Code Section 105.001.
Sec. 105.001(a) allows the court to make temporary orders that are in the child’s best interest, including:
- Conservatorship (custody)
- Possession and access (visitation)
- Support
- Protection of parties or the child
“The court may make a temporary order, including temporary conservatorship or possession of a child, to protect the safety and welfare of the child or parties.” – Texas Family Code § 105.001
The court considers what arrangement supports the child’s physical and emotional well-being. It may also review prior involvement, history of care, and any urgent concerns.
If you’re looking for a Cleburne family law attorney or Dallas family law firms, it’s important they’re familiar with how judges in your county apply this law.
Does Temporary Custody Affect the Final Order?
Yes, it can. While it’s not a guarantee, many courts prefer stability for the child. If a temporary arrangement is working well, the court may decide not to change it unless there’s a strong reason.
That’s why it’s critical to present your case clearly and follow the court’s orders.
Can You Modify a Temporary Custody Order?
Yes, but it must be done through the court. A request for modification should show that:
- Circumstances have changed
- The child’s safety or well-being is at risk
- The current order no longer supports the child’s best interest
Working with a family court lawyer or top divorce attorney can help you navigate this process.
Tips for Parents Dealing with Temporary Custody
Follow the order: Even if it feels unfair, follow it. Violating it could hurt your case.
- Keep records: Document your time with the child, communication with the other parent, and any concerns.
- Stay involved: Attend school events, medical appointments, and stay in touch with your child.
- Communicate through your attorney: If things are tense, let your lawyer handle the communication.
If you need divorce assistance, divorce help, or advice from a divorce lawyer near me, early action matters.
Turner-Monahan PLLC: Experienced Family Law Representation You Can Trust
Temporary custody orders can bring clarity during a chaotic time. But they’re not simple. Your family’s future depends on decisions made early in the legal process.
At Turner-Monahan, PLLC, we’ve helped thousands of families across Texas navigate the most difficult moments with clarity and care. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
