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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38879
Experience:  Retired (mostly)
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I am a 32 year old woman I am currently going through a

Customer Question

I am a 32 year old woman I am currently going through a nasty divorce. I live in a small town. There is no documentation stating that I cannot pick up my children from school and or daycare. The father went to both establishments in which my children are enrolled in and signed a no pick up order. After arriving at my residence he showed up grabbed my oldest child gripping him tightly then proceeded to push me down and step over me as I lay on the ground. I was hurt but immediately jumped up and my oldest jumped in my arms. Upon returning to his truck he threatened to kill me and was yelling vulgar things. I did call the police and had 2 witnesses to the attack and we all did a sworn statement. he proceeded to go the police station and also did a sworn statement stating that I jumped him and threatened to kill him. My 7 year old swathe whole thing and told the police officer what had happened. Being in a small town I can not do anything ie... file a restraining order or assault charge, until morning. As a parent what are my rights in this matter.
Thank you in advance for your time
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.

Hello,

If there are no orders from the court concerning parenting, then either you or your spouse can pick up the kids. This is precisely what courts nearly always have temporary orders that prevent this sort of altercation, by allocating time to each parent. Your only recourse to resolve the issue is to get temporary orders. That can happen as part of the domestic violence protective/restraining order hearing (TRO), or you can file a separate motion for temporary orders.

As a practical matter, it's usually easier to have the issue addressed as part of the TRO, so, when you fill out the paperwork, make certain you ask the court to make orders concerning picking up and dropping off the children (and whatever other orders you believe are needed).

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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Expert:  socrateaser replied 1 year ago.

PS: If you don't already have the paperwork, here is a link to the Texas Attorney General protective order kit.

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