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