In Texas family law (Family Code, Subtitle A, Chapter 105), temporary court orders serve as a stopgap measure to protect the participants and address immediate needs during a divorce or custody dispute. When it comes to children, these orders can cover who has custody, who makes decisions, and how visitation works—at least until the court reaches a final ruling.
Below are 5 emergency situations that justify temporary custody orders in Texas.
Situations That Demand Temporary Custody Orders
Some custody matters can wait. Others can’t. When child safety is at stake, the court will not hesitate to act. In urgent situations, such as those listed below, judges may issue temporary custody orders immediately to protect the child.
1. Abuse or Neglect
If a child is being abused or seriously neglected—either by a parent or someone else in the household—it becomes a matter of immediate concern. The court can respond by placing the child with the other parent or with someone the judge believes can provide a safer, more stable home. The priority in these moments is clear. Remove the child from danger without delay.
2. Substance Abuse in the Home
When a parent is using drugs or abusing alcohol around the child, or if the home environment has become unsafe because of addiction issues, a temporary custody order may be necessary. The court can modify custody immediately if there’s credible evidence of risk.
3. Mental Health Crisis
Things happen. A parent could suddenly hit a mental health wall–maybe a breakdown, severe depression, or an emergency trip to the hospital. If that makes it unsafe for the child to stay in their care, courts can act fast. Temporary custody orders step in to keep the child’s routine from falling apart while the parent gets the support they need.
4. Parental Abduction or Threats to Flee
If one parent refuses to return the child after visitation—or makes threats about leaving the state with them—it’s more than just a disagreement. That kind of behavior puts the child in legal limbo and raises serious safety concerns. Judges don’t take these situations lightly. A temporary custody order can be quickly issued to prevent a potential abduction and bring the child back under proper legal protection.
5. Incarceration or Arrest
If, for any reason, the custodial parent is taken into custody, decisions have to be made quickly. The child still needs a safe place to go, and the court can issue a temporary custody order to make that happen. That might mean placing the child with the other parent or a guardian the court trusts.
Temporary orders aren’t permanent, but they can be powerful. If you believe your child is at risk, don’t wait. Contact the family law attorneys at Christman | Daniell Attorneys. The caring and competent team of attorneys can walk you through the process and fight for the protection your family deserves.
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