Can I file a restraining order against my ex-husband’s new wife?

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Can I file a restraining order against my ex-husband’s new wife?

My ex-husband lives in TX and I live in WA. Our children are 4 years old. We got divorced when they were 1.5 and we moved to WA. In our divorce decree, he gets 6 weeks a year of custody, but has never taken it until now. They are in TX for 6 weeks right now, and his current wife keeps harassing me, threatening I’ll never see my children again. She recently forged my signature stating they are staying longer than 6 weeks. I need to know what my rights are. My ex says she has physically hit him before. I to protect them from her because I fear for my kids’ safety.

Asked on July 13, 2011 under Family Law, Washington

Answers:

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

Answered 10 years ago | Contributor

Please, please, please get help from an attorney in Texas as soon as you can.  If she can in any way force your ex to bring a custody proceeding while they are in Texas then you could find yourself without them for much longer until the matter resolves.  You are the custodial parent and their Mother and you have an enormous amount of rights but you need to be there to exercise them.  If you fear that they are unsafe then maybe you need to go in and request an immediate modification of the decree ad request that you take them home now.  I am unfamiliar with the laws in Texas and what your decree specifically says.  But generally speaking you bring a proceeding for modification where the children are and presently they are in Texas.  She could  - through him - delay their return.  Please get help.  Good luck.


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