Can I file a TRO on my own without having to file the temporary orders papers & other papers so I can get my kids back ASAP??

Asked about 1 year ago - Austin, TX

In april, 2013 i moved to austin from E TX with my 2 children b/c my husband took all the $ out of our joint BA on aug 1st/2012. I didn't have $ to file for divorce and he still won't file b/c he doesnt want to pay CS. My Best Friend offered a place & I knew I could find a good paying job here that would support 2 kids. We had talked a/b moving here since it was a lot closer to his work where he is 2weeks on/2weeks off. Started doing well on my own & he begged me to quit & he wld put $ back & find a place here. I quit, & then he didn't do what he said. Now friend is moving, i don't have $ and told him he would have to take kids bc I couldn't care for them, but didn't mean it. Son is in Kinder here. He actually took them and enrolled them in dallas & staying w/ brother's fam. what do i do??

Attorney answers (3)

  1. Adam Kielich

    Contributor Level 18


    Lawyers agree

    Answered . No, you cannot file for temporary orders without first filing for divorce or a SAPCR.

  2. Mark Allen Land

    Contributor Level 19


    Lawyers agree

    Answered . You cannot get simply file a TRO. The TRO is part of the process; it only lasts a couple of weeks, followed by temporary orders & ultimately a final order.

    At the temporary orders hearing you can request access to community property to live (& even pay your attorney).

    You also have to figure out a plan. Even with support, where/how are you going to live?

    Good luck!

  3. Travis L Turner


    Contributor Level 11


    Lawyers agree

    Answered . You need to speak to a lawyer as quickly as you can. There are repercussions to your decision to let your children move to Dallas that need to be deal with immediately, or it will be too late.

    Depending on the timing of these events it might be too late.

    This information is being provided as a general response to your posted question. By providing this response our... more

Related Topics

Parental rights in child custody

Parental rights includes the rights a parent has in regards to his or her children. Mothers, fathers, and unmarried parents are sometimes treated differently.

Mother's rights in child custody

Mother's rights covers the parental rights of the mother. These rights primarily relate to child custody, visitation, and child support.

Wendy J. Norman

Mothers’ Rights

A mother has certain legal rights pertaining to her children. When a mother needs legal assistance with child custody, support, visitation or paternity, a family law attorney can advise her... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

27,927 answers this week

3,344 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,927 answers this week

3,344 attorneys answering