Q: Protective Orders, does a custody order granted through a motion to modify the order expire with Protective Order.
Wouldn't the Custody Order supercede the Protective order per 85.009 of Texas family code? A Final protective order was granted against my ex on my daughter's behalf. I was named at the time to have exclusive possession. My ex filed a motion to modify the protective order asking that my daughter return to live with her as per the original divorce decree listing her as custodial. Approximately 1 month before the order expired the judge ruled and issued an order stating that she would receive extended weekends as noncustodial and naming me primary. She is now saying that this order expired along with the protective order due to it being granted through a motion to Modify the Protective Order. I was under the impression, the last order granted would supercede the protective order. Guidance please (Also, live in Texas not sure why comes up as AZ) Thank you
A: What your ex is saying about the order is not going to control the case obviously. However, in order to answer your question, I would have to see the actual orders, all of them, that have been entered in the case. You need to get those orders to a family lawyer quickly or you, your daughter and your ex are likely to have a very un-merry Christmas.
A: Texas Family Code Sec. 87.002. MODIFICATION MAY NOT EXTEND DURATION OF ORDER. A protective order may not be modified to extend the period of the order's validity beyond the second anniversary of the date the original order was rendered or beyond the date the order expires under Section 85.025(a-1) or (c), whichever date occurs later.
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