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  1. #1
    Join Date
    Oct 2005
    Location
    Texas
    Posts
    2

    Exclamation Getting a TRO Lifted in a Custody Case

    My question involves a child custody case from the State of: Texas
    Son going through nasty divorce. His ex is very vindictive had a TRO filed against him bringing his son to Grandma's house and being around other cousin. Then at Temporary Injunction hearing the Judge didn't go for her fictitious lies but was aggravated at my son for not completing paperwork for child support and a hair follicle test. The judge told him take care of this and it all goes away. He took care of the child support hasn't done the hair test. Short on funds. In the meantime his ex brought him his son and said she is going to rehab for a while could be 30 days could be longer. (She did this a few weeks ago for detox and returned in 9 days.) She said she was going to talk to her lawyer and have the thing lifted but she hasn't. We can't enroll him in the school he needs to go to until we have something that said it is lifted. He has already been in three different schools this year.Who knows if and when she is coming back. We have reason to believe she has left the state. Funds are limited because she is still getting the child support even though my son has him. My son works the 2nd shift so he needs me to take care of him before and after school. Is there any emergency motions we can file? Is there someone we can contact at the court house?
    Neither of us can afford a lawyer right now.

  2. #2

    Default Re: Emergency Orders/Dissolving a Tro

    Quote Quoting onlinechick
    View Post
    the Judge didn't go for her fictitious lies but was aggravated at my son for not completing paperwork for child support and a hair follicle test. The judge told him take care of this and it all goes away.
    Your son is going to have to prioritize what he wants to get done. If he's concerned primarily about the RO, then the judge has already told him what he needs to do. He needs to finish the follicle test. If he wants to now challenge primary custody because mom has given him the child while she's somewhere in rehab, he'll need to bring the appropriate motions before the family court based on that change in circumstances. He'll really need an attorney to help him with that step, since there's already history of issues before the court. Once he knows which of those two things he wants to tackle first, he can throw resources at whichever one he picks. He should at least contact a few local family law attorneys about the RO issue - if it was only a temp, and mom has now removed herself from the scenario, if she doesn't show at the hearing for the permanent order, it likely goes away anyway (unless it's tied to OTHER issues before the court).

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