Q: Can I file for a temporary orders hearing after a re trial is granted and not happening until next year?? (Child custody
the motion for a retrial was granted in my custody case, taking me from 50/50 with my child back to once a month per the old order. It is extremely high conflict.
I am extremely worried about my children’s emotional well-being and physical well-being. It is being re tried because I exercised 27/35 of my ordered days.
I didn’t have the numbers then and that’s the reason the judge gave as to why it was granted.
Please help me. What can I do? My daughter is 11 and has totally shut down following this sudden change.
A: Are you presently represented by counsel? Has there been any counseling in regard to parental alienation or reunification therapy? Please realize that if a person fails to exercise access to which they are entitled, that can be taken into consideration in a modification proceeding. It is unclear from your question whether any resulting orders from the trial have been set aside. Confer with your present attorney. If you do not have an attorney, please consider taking this complicated matter to a board certified family lawyer, so that you can address your specific concerns. Good luck to you -- and patience for your daughter.
A:
In Texas, family law matters such as child custody are guided by the principle of the "best interest of the child."
Temporary Orders: Temporary orders are designed to provide a short-term solution to immediate issues while a case is pending. Either party can request a hearing for temporary orders. These orders might address child custody, child support, and other concerns that arise during the pendency of a suit.
If there has been a significant change in circumstances that affects the best interests of your child (for instance, if you believe your child is at risk either emotionally or physically), you could request a hearing for temporary orders to modify the current arrangement until the retrial takes place. If you believe your child is in immediate danger, you should act promptly and consider consulting with an attorney experienced in family law.
Tips moving forward:
Consult with an Attorney: It's vital that you consult with an experienced family law attorney to discuss the specifics of your case. An attorney can provide you with guidance tailored to your situation and ensure you're taking the right steps.
Document Everything: Make sure to document any concerns regarding your child's emotional and physical well-being. This can be through photographs, text messages, emails, or any other form of evidence that might support your claim.
This is general information and might not cover all the nuances of your specific situation. Always make decisions based on your child's best interest and with the guidance of legal professionals.
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