By Gary Ashmore, Founder and Managing Attorney · Written Oct 30, 2026
In a ruling reported Oct. 29, a Los Angeles judge left actress Halle Berry with limited time with her son while abuse allegations in her custody case are sorted out.
The headlines say she "lost custody." For a Dallas parent, the more useful lesson is how fast a temporary order can reshape a family, long before any final ruling.
Here's the short version: in Texas, temporary orders are meant to protect the child while the facts are tested, and a final decision can look very different.
Below, we cover what was reported, what it does and doesn't mean, how temporary custody in Texas works when abuse is alleged, and what to do if you're facing it.
What Happened
Caption: Source: USA Today, "Halle Berry loses custody attempt to ex Olivier Martinez amid abuse allegations," captured Oct. 30, 2026.
USA Today reported on Oct. 29, 2026 that Los Angeles Superior Court Judge Shelley Kaufman ruled on competing requests from Berry and her ex-husband, Olivier Martinez.
According to USA Today, the judge dismissed Martinez's request for a domestic violence restraining order. She also denied Berry's request for 50/50 custody and overnight visits. The temporary arrangement stays in place while the case continues: Berry keeps joint legal custody but has limited physical custody of their son.
The ruling followed an October filing in which Martinez accused Berry of physically harming their son. Berry denies all of the allegations. Both sides' lawyers described the outcome as a win, and the article doesn't explain the judge's reasoning.
The couple married in 2013, separated in 2015 and finalized their divorce in 2023. They shared joint legal and physical custody until the temporary restraining order in October.
What It Does and Doesn't Mean
It isn't a final decision. USA Today describes a temporary arrangement that stays in place pending further proceedings. Temporary orders can be revisited as the case moves forward.
It isn't a finding that abuse happened. The report doesn't say the judge found the allegations true. The same ruling dismissed one restraining order request and kept a temporary schedule in place.
It isn't Texas law. This is a California case. Texas uses different terms ("conservatorship" and "possession and access" instead of "custody") and its own statutes, covered below.
It does show how much a temporary order matters. A temporary schedule can last for months while a case moves toward a final decision. That's why a temporary orders hearing deserves the same preparation as trial.
What Texas Law Says Now About Temporary Custody and Abuse Allegations
Texas starts from one rule: the child's best interest is always the court's primary consideration (Family Code § 153.002).
Temporary orders (§ 105.001). While a case is pending, a Texas court can make temporary orders "for the safety and welfare of the child." These include temporary conservatorship, temporary child support and orders keeping a party from disturbing the peace of the child or the other party. Temporary conservatorship and support orders generally require notice and a hearing. An order that excludes a parent from possession of or access to the child requires a sworn affidavit or verified pleading.
The joint conservatorship presumption (§ 153.131). Texas presumes it's in a child's best interest for both parents to be joint managing conservators. A finding of family violence removes that presumption.
When abuse is alleged (§ 153.004). If there is credible evidence of a history or pattern of child neglect or physical or sexual abuse by one parent against the other parent, a spouse or a child, the court may not appoint joint managing conservators. Credible evidence of a pattern of neglect, abuse or family violence also creates a rebuttable presumption that unsupervised visitation isn't in the child's best interest. The court must consider whether a protective order was issued in the two years before the case or during it.
The key words are "credible evidence." An allegation starts the process, but Texas courts decide on the evidence.
What This Means for You
If you're facing an abuse allegation
Take it seriously from the first day. A temporary orders hearing can come quickly, and what's decided there can shape months of family life. Gather your records, follow every court order, and don't contact the other parent in anger.
If you're worried about your child's safety
Texas law gives courts tools to protect children while a case is pending, including temporary orders and limits on unsupervised visits. Raise your concerns with your attorney right away, with whatever documentation you have.
If you're co-parenting after a divorce
The Berry and Martinez case shows that a settled arrangement can change years later. Clear communication, a written record and a detailed decree help when disagreements arise.
At The Ashmore Law Firm, we prepare every case as if it's going to trial, and more than 94% settle before final trial. Divorce coaching is included at no additional cost, and we can refer you to counselors for emotional support during a hard season.
What to Do Now
- Call an attorney early. Temporary orders hearings can be scheduled quickly.
- Follow every order. Comply with any temporary restraining or protective order, even if you disagree with it.
- Document everything. Keep texts, emails, school records and a calendar of parenting time.
- Put your child first. Keep your child out of the conflict and don't discuss the case with them.
- Get support. Use counseling and coaching so you can make clear decisions under stress.
Learn more about Dallas child custody with The Ashmore Law Firm.
Frequently Asked Questions
What are temporary orders in a Texas custody case? They're court orders that apply while a divorce or custody case is pending. Under Family Code § 105.001, they can cover temporary conservatorship, child support and orders protecting the child or a party. They stay in effect until changed or replaced by a final order.
Can a parent lose custody in Texas because of an abuse allegation? An allegation alone doesn't decide the case. Texas courts look for credible evidence. If there is credible evidence of a history or pattern of child abuse or neglect, the court may not name the parents joint managing conservators.
Does Texas presume joint custody? Yes. Texas presumes that naming both parents joint managing conservators is in the child's best interest. A finding of family violence removes that presumption.
Can temporary custody orders be changed before the final hearing? Yes. Section 105.001 lets a court modify an earlier temporary order for the safety and welfare of the child. Talk with your attorney about whether the facts support asking for a change.
What does "joint legal custody" mean in Texas? Texas calls it joint managing conservatorship. Parents share rights and duties for decisions about the child, even if one parent has more parenting time.
Talk to Our Team
If you're facing temporary orders or an abuse allegation in a Dallas custody case, you don't have to sort it out alone. Gary Ashmore and his team at The Ashmore Law Firm help parents protect their children and prepare for every hearing. Call for a confidential conversation, or schedule a complimentary, confidential consultation with the family law team.
Phone: 214-559-7202 | 3636 Maple Ave, Dallas, TX 75219
- Liza Esquibias, "Halle Berry loses custody attempt to ex Olivier Martinez amid abuse allegations," USA Today (via Yahoo Entertainment), updated Oct. 29, 2026.
- Texas Family Code § 105.001 (temporary orders).
- Texas Family Code § 153.002 (best interest of the child).
- Texas Family Code § 153.131 (presumption of joint managing conservatorship).
- Texas Family Code § 153.004 (history of domestic violence or sexual abuse).
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship.
