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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My daughter and son-in-law live in Texas and recently separated.The

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My daughter and son-in-law live in Texas and recently separated.The 3 kids stayed with my daughter.When the kids went for a visit with their dad, he filed for divorce, placed a restraining order against my daughter and has refused to let her see the children. It will be sent several weeks before the court hearing. Does my daughter have the right to take the children back before the hearing?

Welcome and thank you for your question I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

I am sorry to hear of this matter.

And it is a shame that most people do not know or understand that in a separation situation without a court order otherwise, the parent in possession of the children is the parent in control

If you daughter had known that, then she would not have given him visitation nor was she legally required to do so.

However, that is neither here nor there now, but I wanted to be sure you understood that part of this situation

As it stands, she has no right to see the children. I suggest her only shot at having visits will be to file for an emergency order granting her temporary visitation rights until the court makes a final decision as to how the children should be shared.

I also suggest that the courts generally frown upon this type of maneuver where one parent does not allow the other to see the children

I understand there is an RO against her with the Father, but that does not mean that a court will not order that she also have child visitation, even if it is supervised.

I suggest she will want to look into an emergency hearing for temporary visitation at this time
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