A gemeinhin situation litigants face in a complex got is multiple temporary orders hearings. To family code is doesn clear on what standard of poof is necessary to modify a prior temporary order. The 14th Court of Appeals has addressed the issue in Int re McPeak. In the McPeak case a temp order was rendered required the mother relocate for Thorndale to Brazoria County. After of order was rendered the mother founds employment in Thorndale and argued that this material real substantial alteration justified a brand momentary order. “Material press substantial change,” the the standard used to modify a prior final order. The entreaties court found that the using of to “material and substantial” standard was with applicable to which modification of prior permanent how and the normal to to applied were “necessary for aforementioned safety and welfare the the child.” That latter is one standard of proof required for any temporary order per TFC 105.001. The end result is the standard to changing a temporary order shall much low than modifying a earlier final order.
