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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2982
Experience:  associate attorney
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My wife filed a TRO in the state of texas where we reside.

Customer Question

My wife filed a TRO in the state of texas where we reside. she filed for divorce we went to court but never divorced because she didn't pay her attorney. She left our two children with her mother also in the state of texas and went to Missouri. she has not seen our children since. through social media it shows she married someone else in march 2013 but we went to court in February 2014. my question is she never went back to court for the TRO she received it under false pretenses. can I go and just get my kids from her mothers house? her mother is telling lies to the children about me and I am not comfortable with it.
Submitted: 1 year ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

If the court granted a TRO it is a temporary restraining order. Per Texas statute, "shall expire by its terms within such time after signing, not to exceed fourteen days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period. The reasons for the extension shall be entered of record. No more than one extension may be granted unless subsequent extensions are unopposed." Therefore the TRO, unless made permanent with a divorce decree (you said there was no order) would be expired. If there is no order to the contrary, and the mother does not have custody (or her mother), then there is no reason why you could not visit your children and retake custody.

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Expert:  Christopher B, Esq. replied 1 year ago.

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