Houston Temporary Restraining Orders Attorney
The state of Texas allows parents concerned about their children’s health or well-being due to the actions of the other parent to file for temporary restraining orders against the other custodial parent. These restraining orders, which are reviewed by the courts on a case-by-case basis, may allow a parent to temporarily take full custody of a child if the courts agree with the reason for the order. It is important to note, however, that these restraining orders will lead to follow-up hearings that can further change the dynamics of a family’s custody situation.
Filing a Temporary Restraining Order
Temporary restraining orders aren’t intended to provide temporary changes to a child’s custody status. Instead, these orders are filed as a way to address potentially serious concerns a parent has regarding the conduct of the child’s other custodial parent, possibly requiring changes to the custody agreement as a result.
The process of filing temporary restraining orders includes the following steps:
- A parent files an ex parte order and affidavit claiming that the other custodial parent is a danger to the child
- The court determines whether the order is reasonable and accepts or denies it
- If accepted, the child will return to the filing parent
- The judge will schedule a hearing within two weeks from the acceptance of the restraining order
- Depending on the outcome of that hearing, permanent or conditional changes may be made to the custodial agreement to address the dangerous conduct of the one parent
- The temporary restraining order may be continued at the judge’s discretion at the hearing
Parents seriously worried about the condition of their children may want to think about using this legal tool as a means to get their children to a safe place and to address the other parent’s problems in a legally enforceable way.
If you’re concerned about your child while he or she is in the custody of the other parent, there may be legal options available to keep your child away from the potentially dangerous situations that may arise when your child is in the other parent’s care. To learn more about the legal actions you may be entitled to take as a custodial parent, contact a lawyer from Holmes, Diggs & Sadler at (713) 802-1777 today.