How to reinstate temporary orders?

I have been divorced for 5 years. I originally had custody of my son and was getting child support. I recently had to go out of state for a brief time and signed temporary orders giving my ex-husband and I joint custody and no child support during the time I was gone. Now that I am back full time the ex does not want to give back custody or child support and is controlling all visitation. My son, who is 17, wants me to have full custody and will attest to that. Are the temporary orders still effective now that I am back? How do I get things back the way they were?

Asked on December 10, 2010 under Family Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You modified the agreement between you without the help of the court.  Good on one hand and bad on the other.  Now you need to go back to court to enforce the original agreement.  Generally you can do this yourself in family court.    I would, though, take whatever documents you signed as to the temporary order to an attorney to review and to consult with.  It is very difficult in this type of forum to give any guidance without the ability to read the paperwork you have and see exactly what you signed.  Your son is a good age to testify as to what he wants and where he wants to live.  The court will listen to him as long as the reasons are not something like "my dad is too strict."  You get my point.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.