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

Answers:

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.


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