“Mr. Fox, your client has won the skirmish but not the war.”
I was told this in court at a temporary orders hearing last week. I’ll take it. A win at the temporary orders stage is a win!
A strong outcome at the temporary orders stage can be crucial for the rest of the case.
In this case, the other parent sought a custody change at the temporary orders stage. However, Texas law says in most circumstances you have to show bad acts or omissions (basically child abuse or neglect) to win a custody flip at that initial stage.
After the other side rested, I asked the Court to grant my motion to deny relief. I argued that the other side had not met its burden to show “substantial impairment” (abuse/neglect). I cited court of appeals opinions supporting my position.
The motion was granted. I did not have to put on my own case or call my client to the witness stand.
The case is not over but it was a great result!
April 5th, 2023
