Hays County, like many Texas counties, has a standing order that applies automatically to divorce cases and suits affecting the parent-child relationship (custody and support cases). The current version is the Amended Hays County Standing Order Regarding Children, Property and Conduct of the Parties, posted with the Texas Office of Court Administration with an effective date of January 1, 2023.
What is a standing order?
A standing order is a set of rules the Hays County district judges have adopted for every covered family case. It takes effect when the case is filed and binds both parties, the person who filed and the person who was served, without either side having to ask for it. The petitioner must attach a copy to the divorce or custody petition, so the other party receives it along with the papers.
What standing orders like this typically cover
Read the full order. Its exact wording is what controls. Texas county standing orders generally address:
- Children: keeping the children's routine stable, not hiding or removing children from the court's reach, not disparaging the other parent in front of the children, and not discussing the case with the children.
- Property: not hiding, destroying, selling or giving away community property; not running up unusual debt; and not changing beneficiaries or cancelling insurance.
- Conduct: not harassing, threatening or harming the other party, and not cutting off utilities or other services to the family home.
- Records: preserving financial records, emails, texts and other evidence.
How long does it last?
A standing order generally stays in effect until the case is dismissed, a final order is signed, or the court enters temporary orders that replace it. If the standing order doesn't fit your situation, for example because you need to decide who stays in the house or set a temporary parenting schedule, either party can ask the court for temporary orders.
What happens if someone violates it?
A standing order is a court order. Violating it can lead to a motion for enforcement, contempt of court, or consequences in how the judge decides property, conservatorship or attorney's fees. If you think the other party is violating it, document what happened and talk to a lawyer.
Where to get a copy
The current standing order and the Hays County District Courts' local rules are posted on the Texas Office of Court Administration local rules site and the county's District Court forms and documents page. Hays County's local rules also include requirements for family cases, such as a parenting seminar for divorcing parents of minor children and financial information statements before contested support hearings.
Just got served?
Being served with a petition and a standing order starts a clock. Your answer is usually due by 10:00 a.m. on the Monday after 20 days from service. Read how to respond to divorce papers, or call 512-643-5665 for a free consultation.
This page is a general summary for information only. It isn't a copy of the standing order and isn't legal advice. Always read the current order itself.