What to do if my ex-husband is filing for a temporary restraining order in order to get awarded temporary sole custody of our 2 children?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my ex-husband is filing for a temporary restraining order in order to get awarded temporary sole custody of our 2 children?

I do not understand what the paperwork means. One packet states I need to respond in writing within 20 days my answer to modify decree of divorce. I have court for this before the 20 days are up. I just am not sure of what my rights are as a parent? I have court in 4 days Is there anyway you can help me with this prior to my court date?

Asked on September 7, 2012 under Family Law, Utah

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It looks like you are getting served with notice of temporary orders while a request for final modification orders are pending.  To avoid a default of the final modification, you need to file a written answer with the court.  If you don't file a written answer, then he'll get custody by default.  The hearing you mention seems to be a hearing for temporary orders until the motion for a final order is ruled on.  You need to appear in person at this hearing.  If he is keeping the children in violation of a current court order, then you should advise the court that he's the one in violation and assert your own request for enforcement of the order.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption