STOPPING UNNECESSARY HEARINGS
Did you know if your child's other parent seeks a temporary modification of your previous final court order to change your child's primary residence, the Court cannot hold a hearing until certain requirements are met?
The opposing party's motion must include an affidavit stating that a change is needed because your child is being substantially harmed. Without this affidavit, the Court cannot even set the hearing. Our office recently succeeded in getting one hearing removed from the calendar due to such an omission. Making sure this provision is enforced stops harassment and unnecessary legal expenses caused by opposing parties. Here is more detail:
Texas Family Code §156.006(b) states: “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; …."
Further, Texas Family Code §156.006(b-1) states:
“A person who files a motion for a temporary order authorized by Subsection (b)(1) shall execute and attach to the motion an affidavit on the person’s personal knowledge or the person’s belief based on representations made to the person by a person with personal knowledge that contains facts that support the allegation that the child’s present circumstances would significantly impair the child’s physical health or emotional development. The court shall deny the relief sought and decline to schedule a hearing on the motion unless the court determines, on the basis of the affidavit, that facts adequate to support the allegation are stated in the affidavit. If the court determines that the facts stated are adequate to support the allegation, the court shall set a time and place for the hearing.”
April 5th, 2023
