La Vernia, TX asked in Family Law and Child Custody for Texas

Q: How can I get visitation and my rights to my children back after a Protection order was filed against me more than 2 yrs

Protection order was filed in 2020, I was incarcerated at the time of the hearing, the allegations were not accurate nor was I ever convicted of anything in that nature. And I have not been able to see or speak or know anything about my children since 2021.

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2 Lawyer Answers

A: You can file a motion to modify in suit affecting the parent-child relationship. If the protective order is still in force and effect (they typically only last two years), you would also want to modify the protective order if it limits your access to your children.

You will want to present evidence that, despite being incarcerated, you were not convicted (especially if you were ultimately found guilty or the charges were dismissed). You will want to present evidence showing that, since you were released from jail, you have secured a permanent home close to where your children currently live, gainful employment history, and have maintained stability in your personal life (e.g. not moving frequently, not changing jobs, and especially not having multiple sexual and/or romantic relationships). It can be helpful to show a supportive circle of family members and/or close friends. You will want to put together a plan for your children coming to live with you including demonstrating that you have available space in your home (e.g. bedrooms), a safe neighborhood, good nearby schools, access to appropriate medical care, and child friendly recreational facilities. It would be a plus if the children do not have to change schools (e.g. your home is in the same school attendance zone as their current home).

1 user found this answer helpful

A: Not guilty instead of "guilty" in that first sentence of the second paragraph.

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