Temporary Restraining Orders for Child Custody Concerns
When a parent suspects that his or her child’s other custodial parent is mistreating the child or putting him or her at risk in some way, that parent may be able to file a temporary restraining order to protect the youth. These temporary restraining orders suspend the other custodial parent’s rights to see the child, returning the child to the filing parent until a court hearing is held. This hearing can determine what kind of action should be taken in the best interest of the child’s safety and health, such as modifying the custody agreement.
The Restraining Order and Court Hearing Process
A parent filing a temporary restraining order will need to work through an oftentimes stressful and difficult legal process to make changes within the custody agreement if he or she fears for the child’s well-being. This process generally goes as follows:
- The restraining order is filed along with an affidavit describing the reason for the order
- The court will determine whether the order’s request is legitimate
- If so, the court will set a hearing date within fourteen days of the order
- The hearing will determine any changes that should be made to the custody agreement according to the child’s best interests
- The restraining order may be extended by the court during this process as well
A legal advisor can help a parent work through this process to improve the strength of his or her arguments and handle any complications that can arise whether the individual is filing the temporary restraining order or accused of risking the child’s health and safety.
If you want to file a temporary restraining order against your child’s other parent or if your child’s other parent is filing a restraining order against you, you may want to discuss your situation with a knowledgeable attorney who can help you understand your legal options. To learn more about how we can serve you, contact an attorney from Alexander & Associates today by calling 817-756-4040.