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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116717
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you! For a male friend of mine...They are not legally

Customer Question

Thank you! For a male friend of mine...They are not legally married & she has custody through the attorney general's office. He wants to file restraining/protective order on her & shes not on the lease & he doesn't want her coming back. She is out of town right now without the child.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes he also wants to obtain custody of child.
Submitted: 6 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, to get this done it will require multiple legal actions. First, he would need to file a petition for custody and visitation in the court. This part generally would require him to use a local lawyer or legal aid if he cannot afford an attorney locally. The court has to issue an order to change the custody ordered by the Attorney General.

Second, the apartment, if she is not on the lease, but living there he cannot just get a restraining order. He has to give her a 30 day notice in writing to leave the premises, since she has become a tenant at sufferance in the property. If there has been physical abuse against him by her, then in that instance he can file to get a restraining order to prevent her from coming back to the apartment unless she comes back with the police to recover any of her property in the premises. If there was no physical violence towards him, he will not get the injunction and will have to wait and evict her. If she does not leave and take all of her things after the 30 day notice in writing, then to get her out he has to file suit in court for eviction and get the court to order her to leave the premises.

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