Q: I was never served or notified of a parental child Relationship suit. There was a restraining order why is me
The parent child Relationship suit was filed 20 after the restraining order with and emergency order attached. My child was never formally removed from my care. My mother the person who filed this suit has had control and has my chikd living with someone I do not know I no contact with these people and my mother won't let me see or speak to my daughter. I have a clean record never been in trouble and love my daughter and always put her first no matter what. My mother did not file a report against me to the Sheriff's office never filed a report to Cos and never filed a Report with Dfps before filing. Now she has treats about given up my chikd for adoption. How can she do this.
A:
It is not a condition precedent to a SAPCR (Suit Affecting the Parent-Child Relationship) that the Petitioner first file a report with CPS or with law enforcement.
Filing such a suit is only the first step. Before proceeding further, your mother would have to formally serve you with citation and a copy of her petition.
A TRO is an extraordinary remedy that has a short duration (a couple of weeks). The court must conduct an evidentiary hearing after notice to you in order to continue such relief. Otherwise, it expires due to the passage of time.
You cannot be held in contempt of such an order unless and until it has been served upon you.
Grandparents often intervene when they think their own child’s actions or inactions are harmful to their grandchildren.
Given your stated love of your own child and intention of putting the child first, you should promptly hire a family lawyer to represent you. Competent knowledgeable legal representation in such a case will likely cost you initially $20,000-25,000. The time and total legal expense will vary depending upon your particular facts and circumstances. A successful outcome will almost always be quicker and less expensive if you listen carefully to your lawyer and diligently follow their advice.
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