Shanda Asks: My soon to be ex-husband was granted temporary custody of our son and also got a restraining order against me. He told the judge lies to get this done. My ex is a felon and spent 7 years in prison for drugs. I have never been in any trouble. What should I do? I am terrified that I have lost my son forever.

Brette's Answer: Get an attorney for the permanent hearing.

Can I appeal a temporary custody order?

Question: If the judge orders temporary custody, can you appeal the order?

Brette's Answer: You can appeal temporary orders, but often it makes little sense to, since by the time the appeal on the temporary order is heard, a permanent ruling will have been made. You always have the right to appeal and if you think you might want to pursue it, you need to file the appropriate paperwork quickly since there is often a small window in which you can file to protect your rights.

What if my ex took our son and won't give him back?

Marie Ann's Question: What should I do if my son was taken out of school by his father without me knowing, and his father won't give him back? I don't feel like my son is safe in this fathers care because he is afraid of his father and no courts are open tomorrow.

Brette's Answer: You file an emergency petition on Monday. If you have a real reason to believe he's going to be physically harmed you can call social services and they will go out and investigate. If you have a custody order that specifically says he is to be with you, you could call the police.
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Can I Get A Legal Separation In Texas? 07-16
Informal Separations 07-16
Separating Financial Affairs While Still Married 07-15
Preparing For A Divorce & Get all Your paperwork Together 07-15
Understand Your Financial Situation 07-15
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Make Sure You Can Provide For Yourself 07-07
Seek Legal Advice & Make Sure That Taxes Are Up To Date 07-03
Consider Insurance Coverage 07-01
Pendente Lite Relief or Temporary Support 06-30
Isn't he required to provide for us until the divorce is over? 06-28
Topic: Making Ends Meet until the Divorce is Finalized 06-25
Topic: Filing for temporary support without a lawyer 06-21
Can I file for emergency support if there's a DV order in place? 06-20
Topic: Can I stop him from transferring property? 06-19
Topic: Joint Accounts Pending Divorce 06-18
What if he didn't pay the mortgage payments like he was ordered to? 06-17
Temporary Child Custody 06-16
Preventing Parental Kidnapping 06-16
What if he kicked me out and wouldn't let me take my son? 06-15
How do I file for custody if I haven't filed for a divorce yet? 06-14
Who is usually granted temporary custody? 06-13
Can I get temporary custody without him knowing about it? 06-09
What is the process to get temporary child custody? 06-12
Can temporary custody be changed if he becomes homeless? 06-11
Do temporary custody orders and parenting plans expire? 06-11
What if he lied to get temporary custody? 06-09
Topic: Interference with Custody and Visitation 06-09
How can he claim that he has temporary child custody? 06-09
When does he have to return her after I get temporary custody? 06-09