Legal Question in Family Law in Texas
Temporary restraining order
My soon to be ex-husband, has filed for a divorce in the state of Texas. I reside in MS, I let our son visit with him and family in Texas. I recently received a Temporary restraining order that I cannot contact my son, nor visit with him. And prior to our seperation we took it upon agreement and sign a spousal support agreement. And we agree the I should have physical custody of our minor son with liberal visistation rights accorded to the husband. What can i do ?
3 Answers from Attorneys
Re: Temporary restraining order
You will need to retain an attorney who practices in the jurisdiction of the court that issued the TRO.
Re: Temporary restraining order
Just to amplify Mr. Pettigrew's answer a little bit. Apparently, you had no order or no divorce was filed in MS; so, your spouse waited until he had custody of the child and filed for divorce in TX inlcuding a TRO to prevent you from disturbing the status quo of the child. If the child is above the age of 12, he can choose his custody parent and the court will agree unless there is some very good reason to the contrary. You are between a rock and a hard spot and need a very good attorney to get the child back to your possession. I would presume that this would be a fairly expensive proposition. For example, I would require a minimum retainer of $15,000 to work on a case like this and my hourly fee is $185.
Re: Temporary restraining order
You need help. An uncontested TRO will likely become "the way things are". It is miserable to try to change things later. If the divorce has been filed in the DFW area, you can call me and I do not charge for a phone call interview. If your divorce was filed in another area of the state I suggest you call the local bar association there for a referral. Hurry please, you are up against a major problem that will get bigger over time. My phone is 817 261-2671.