Edinburg, TX asked in Family Law and Child Custody for Texas

Q: Hi I'm primary custodian of my daughter and about a month ago cps put her in her dad's temporary care my case is gonna

Close in the next week but recently he let me know that he was going to take me to court for custody and he said he was going to keep her even if my case is closed & even if I have court order from the judge saying I'm primary custodian till we go to court and they decided..can he do that or am I still in my legal right to go and get my child when ever the case is closed definitely and who would I ask for help or what way should I go about it if he doesn't want to give her back he also let me know he had a restraining order against me for him and her

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1 Lawyer Answer
Sharita Blacknall
Sharita Blacknall
  • Divorce Lawyer
  • Dallas, TX
  • Licensed in Texas

A: You should hire an attorney to assist you with this matter. There are a lot of issues going on in the scenario you are describing.

You are required to operate under the last court order signed by a Judge until that order is changed.

If there is a restraining order against a person that person has to be served with the restraining order so that they have notice that there is a restraining order.

If a child is being unlawfully held an attorney will be able to assist you with what to do to exercise your legal right to possession of the child.

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