Sec. 156.006. TEMPORARY ORDERS. (a) Except as provided by Subsection (b), the court may render a temporary order in a suit for modification.
(b) 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;
(2) the person designated in the final order has voluntarily relinquished the primary care and possession of the child for more than six months; or
(3) the child is 12 years of age or older and has expressed to the court in chambers as provided by Section 153.009 the name of the person who is the child's preference to have the exclusive right to designate the primary residence of the child.
(b-1) 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.
(c) Subsection (b)(2) does not apply to a conservator who has the exclusive right to designate the primary residence of the child and who has temporarily relinquished the primary care and possession of the child to another person during the conservator's military deployment, military mobilization, or temporary military duty, as those terms are defined by Section 153.701.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 1390, Sec. 15, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1289, Sec. 3, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1036, Sec. 18, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 916 (H.B. 260), Sec. 17, eff. June 18, 2005.
Acts 2009, 81st Leg., R.S., Ch. 727 (S.B. 279), Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1113 (H.B. 1012), Sec. 27, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 2, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 397 (H.B. 1500), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 91 (H.B. 1495), Sec. 1, eff. September 1, 2017.
Notes of Decisions
Cited in
86
cases (
20 in the last 5 years), 1996–2026 · leading case:
In Re Sanchez, 228 S.W.3d 214 (Tex. App. 2007).
In Re Sanchez, 228 S.W.3d 214 (Tex. App. 2007).
· cites it 5× “See Tex. Fam.Code Ann. § 156.006(b) (Vernon Supp.”
In Re Ostrofsky, 112 S.W.3d 925 (Tex. App. 2003).
· cites it 3× “Application of Tex. Fam.Code § 156.006 Relator first claims the trial court’s order effectively changed the designation of relator’s exclusive right to determine the primary residence of the children in violation of the requirements of section 156.”
in Re Lorin A. Strickland, 358 S.W.3d 818 (Tex. App. 2012).
· cites it 4× “006(b) precluding the trial court from issuing a temporary order effecting a change in the designation of the person having the right to designate the primary residence of the child, and the absence of evidence triggering a statutory exception to this prohibition, we are…”
Lohmann v. Lohmann, 62 S.W.3d 875 (Tex. App. 2002).
· cites it 3× “He also filed a request for “writ of attachment” of the child, which the trial court interpreted as a request for temporary *878 orders under Tex. Fam.Code Ann. § 156.006. The trial court entered temporary orders granting George Lohmann temporary managing conservatorship,…”
In Re Levay, 179 S.W.3d 93 (Tex. App. 2005).
· cites it 4× “TEX. FAM.CODE ANN. § 156.006 (Vernon Supp.”
In Re Lemons, 47 S.W.3d 202 (Tex. App. 2001).
· cites it 3× “The court specifically held it was not changing the joint managing con-servatorship but merely changing access to and possession of the child; therefore the order is technically not in violation of Texas Family Code § 156.006 . 3 Furthermore, *206 it appears the court was…”
in Re G.P. & D.P., 495 S.W.3d 927 (Tex. App. 2016).
· cites it 4× “Tex. Fam. Code Ann. § 156.006 (a)-(b-l). The trial court’s docket entry manifests its finding that Grandparents were not entitled to a hearing on their Amended Second Motion to Modify Temporary Or *931 ders because they did not plead one of the three grounds for modification…”
George v. Jeppeson, 238 S.W.3d 463 (Tex. App. 2007).
“See Tex Fam.Code Ann. § 156.006 (Vernon 2002).”
In Re Herring, 221 S.W.3d 729 (Tex. App. 2007).
“Tex. Fam.Code Ann. § 156.006 (Vernon Supp.”
In the Interest of A.D., 474 S.W.3d 715 (Tex. App. 2014).
“” See Tex. Fam.Code Ann. § 156.006(b)(1) (West 2014) (emphasis added).”
— Tex. Fam. Code § 156.006(a) — 1 case
— Tex. Fam. Code § 156.006(b) — 21 cases
in Re Lorin A. Strickland, 358 S.W.3d 818 (Tex. App. 2012).
“006(b) precluding the trial court from issuing a temporary order effecting a change in the designation of the person having the right to designate the primary residence of the child, and the absence of evidence triggering a statutory exception to this prohibition, we are…”
In Re Ostrofsky, 112 S.W.3d 925 (Tex. App. 2003).
“Application of Tex. Fam.Code § 156.006 Relator first claims the trial court’s order effectively changed the designation of relator’s exclusive right to determine the primary residence of the children in violation of the requirements of section 156.”
In Re Sanchez, 228 S.W.3d 214 (Tex. App. 2007).
“See Tex. Fam.Code Ann. § 156.006(b) (Vernon Supp.”
In Re Lemons, 47 S.W.3d 202 (Tex. App. 2001).
“The court specifically held it was not changing the joint managing con-servatorship but merely changing access to and possession of the child; therefore the order is technically not in violation of Texas Family Code § 156.006 . 3 Furthermore, *206 it appears the court was…”
— Tex. Fam. Code § 156.006(b)(1) — 29 cases
In Re Sanchez, 228 S.W.3d 214 (Tex. App. 2007).
“See Tex. Fam.Code Ann. § 156.006(b) (Vernon Supp.”
In Re Levay, 179 S.W.3d 93 (Tex. App. 2005).
“TEX. FAM.CODE ANN. § 156.006 (Vernon Supp.”
In Re Ostrofsky, 112 S.W.3d 925 (Tex. App. 2003).
“Application of Tex. Fam.Code § 156.006 Relator first claims the trial court’s order effectively changed the designation of relator’s exclusive right to determine the primary residence of the children in violation of the requirements of section 156.”
in Re Lorin A. Strickland, 358 S.W.3d 818 (Tex. App. 2012).
“006(b) precluding the trial court from issuing a temporary order effecting a change in the designation of the person having the right to designate the primary residence of the child, and the absence of evidence triggering a statutory exception to this prohibition, we are…”
— Tex. Fam. Code § 156.006(b)(2) — 3 cases
In Re Sanchez, 228 S.W.3d 214 (Tex. App. 2007).
“See Tex. Fam.Code Ann. § 156.006(b) (Vernon Supp.”
— Tex. Fam. Code § 156.006(b)(3) — 2 cases
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