Legal Question in Family Law in Texas
If I haven't been served paperwork, lets say a restraining order and court order, do I have to abide by it? My parents have my son and have refused to give him back since the end of June. They say they've filed these papers, but I've yet to see anything. What kind of trouble would I get into if I were to show up at their house and take him? I haven't done it yet because my moms dad was on life support and passed away and I didn't want to put her thru anymore stress....please help
1 Answer from Attorneys
The court has to have jurisdiction over you for the order to be binding upon you. One way would be to serve you. Usually this is personal service. Another would be if you were a party to an action and the court issued an order.
Normally you would have the right to possess your child over your parents unless there was a court order. Which begs the question. What did they file and what did the court order?
I suggest you get an attorney to find out what if anything was filed and what it said.
If there is a court order the best thing to do is to change it rather than try to avoid it. An attorney can help you with that.
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