Legal Question in Family Law in Texas
child custody
a temporary restaining order was filed in april 5 2007. is it still in affect and my aunt has my daughter i was never served with papers of custudy loss can i go get my 7 year old.
1 Answer from Attorneys
Re: child custody
It depends upon several issues not addressed in your posting. A true temporary restraining order is valid for 14 days, and can be extended. A protective order is much longer. You say you were never served -- never served with the original petition? or the orders of the court? It matters, since the parties are not obligated to serve you with a copy of the orders. Once you are validly within the jurisdiction of the court, and the proceedings, it is your responsibility. If you were not properly served originally with the petition, then the resulting order could be unenforceable. It is your daughter, and you need to have a lawyer if you intend to wage a successful battle to get her back.