What to do if my ex-husband is filing for a temporary restraining order in order to get awarded temporary sole custody of our 2 children?
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What to do if my ex-husband is filing for a temporary restraining order in order to get awarded temporary sole custody of our 2 children?
I do not understand what the paperwork means. One packet states I need to respond in writing within 20 days my answer to modify decree of divorce. I have court for this before the 20 days are up. I just am not sure of what my rights are as a parent? I have court in 4 days Is there anyway you can help me with this prior to my court date?
Asked on September 7, 2012 under Family Law, Utah
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It looks like you are getting served with notice of temporary orders while a request for final modification orders are pending. To avoid a default of the final modification, you need to file a written answer with the court. If you don't file a written answer, then he'll get custody by default. The hearing you mention seems to be a hearing for temporary orders until the motion for a final order is ruled on. You need to appear in person at this hearing. If he is keeping the children in violation of a current court order, then you should advise the court that he's the one in violation and assert your own request for enforcement of the order.
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