Katy, TX asked in Family Law for Texas

Q: CAN's AND CANT's when issuing Temporary orders under Family code 156 and 153.

CAN's AND CANT's when issuing Temporary orders under Family code 156 and 153.


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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Pursuant to Section 156.006 of the Family Code: While a suit for modification is pending, the court may not render a temporary order that has the effect of creating a designation, or changing the designation, of the person who has the exclusive right to designate the primary residence of the child, or the effect of creating a geographic area, or changing or eliminating the geographic area, within which a conservator must maintain the child’s primary residence, under the final order unless the temporary order is in the best interest of the child and:

(1) the order is necessary because the child’s present circumstances would significantly impair the child’s physical health or emotional development;

(2) the person designated in the final order has voluntarily relinquished the primary care and possession of the child for more than six months; or

(3) the child is 12 years of age or older and has expressed to the court in chambers as provided by Section 153.009 (Interview of Child in Chambers) the name of the person who is the child’s preference to have the exclusive right to designate the primary residence of the child.

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