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?

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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 9 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.


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