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What is the Montgomery County Standing Order Regarding Children?

The Montgomery County District Court and County Courts at Law issues a standing order for all divorce lawsuits and family law cases.  As a matter of law, parties and lawyers must obey the standing order even if they did not ask for the order or are unaware of it.  It is assumed as a matter of law that everyone is on notice of the standing orders. A standing order is a rule that broadly applies, does not require parties to submit a request for the order, and carries the same authority of a court order adjudicated in a specific case.  Violations of a standing order can result in contempt charges. All courts within Montgomery County agreed to the standing order and require spouses filing for divorce or lawsuits involving children to include a copy of this order with their petition for the divorce or child related lawsuit. The Montgomery County Standing Order Regarding Children, Pets, Property, and Conduct of the Parties is the official and full name of this particular standing order, issued in 2009.

Areas the order addresses

The standing order specifies prohibited behavior involving:

  • Disruption of children’s lives
  • Protection of family pets and companion animals
  • Unacceptable behavior of parties during the case
  • Property destruction and misuse of funds during divorce
  • Misuse of personal and business records
  • Unauthorized changes in insurance

The order also specifies types of business and financial actions that the court authorizes parties to take during the lawsuit.

When the order goes into effect

The order is immediately effective when the party files an original petition and remains in force for 14 days.  It serves as a temporary restraining order.  Parties may contest the order at a hearing and present evidence within the 14-day period. Unless contested, the order remains in full force as a temporary injunction and is no longer in force when the court signs a final order. Texas divorce lawyers can answer spouses’ questions and advise them about how the standing order applies to their case.

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Robert Reid McInvale is an experienced family law attorney with a comprehensive practice in Houston. He provides dedicated and strong advocacy for his clients, helping them with all the issues surrounding their divorce, separation, child custody, and other marriage and family matters. Attorney McInvale—Reid to clients and friends—seemed destined for a law career. Born while his father was attending Emory University Law School, Reid grew up in Manchester, GA. His father was the city attorney for many years, as well as head of the Manchester Chamber of Commerce. It is in the family blood to become lawyers and help people get justice. U.S. Supreme Court Chief Justice John Marshall is part of the McInvale family tree.

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