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Specialty tag(s): Divorce, Child Custody

Divorce and Children: How to Protect the Ones You Love Most

Rob Frazer | June 2, 2022

What is a temporary orders hearing, and how can it help my children?

At the start of a divorce case with children, emotions can run high. While you may want to reach an agreement without going to court, it could be necessary to participate in a temporary order hearing. A temporary orders hearing allows both parties to present supporting evidence to a judge who will determine what is best for your child’s safety and welfare. This process is beneficial when both parties are still arguing about rights, duties, possession, and access.

While we have honest, competent, and experienced courts advocating for our clients, it’s not uncommon for the parties to be somewhat dissatisfied with the temporary orders hearing. The process can help resolve some of the disputes between the parties, which is a very positive thing. However, the immediate fate of your child hangs in the balance with a judge who only knows your family in the capacity of the evidence and testimony that has been presented to them. While an unbiased third party can be helpful in many respects, a judge doesn’t know your family intimately, and that can leave room for a ruling that you are disappointed with.

Our biggest conflict has been resolved. How can we move forward?

After a temporary orders hearing, you and your spouse can work towards an out-of-court resolution process, including the informal settlement process or mediation. One of the best ways to avoid court in the future is to be reasonable and work with an attorney who is not overly aggressive. Look for a solution-oriented attorney who will reach out to opposing counsel and try to find some common ground and solutions. This approach will help reduce the potential for litigation by focusing on the ultimate resolution of the case. They should be asking questions such as:

• Is it necessary to put some temporary orders in place to manage rules about what we are doing for school for the children?
• What are we doing for finances for the parties?

If an agreement can be reached early in the family law process, it is a great indication that you and your spouse will be able to reach an amicable solution for resolution of the matter. Ideally, you and your spouse can put away any animosity for the sake of your love for your children. You can work with skilled attorneys to come up with a solution to reach an agreement, even on temporary orders to put some rules in place for the children so you can establish dignity in this process as it reaches an ultimate resolution.

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An experienced family lawyer and partner, Rob Frazer is board-certified in family law by the Texas Board of Legal Specialization and is a Director of the Austin Bar Association. Named in The Best Lawyers in America© in the field of Family Law, 2019 – 2021, Rob has an extensive litigation history and a seasoned track record. A tireless advocate for his clients, Rob excels in complex custody cases and managing the complexities of high asset property division. His goal is to help clients and their children achieve the best possible results and take care of life’s most important things. 

To learn more about children and divorce. Please contact Rob Frazer at 512-454-8791 to schedule a consultation.