How do I stop boyfriend from leaving with the baby?

Full question:

My daughter boyfriend took the baby and he is going o the army on the twelfth how do i get mt son back?

• Category: Divorce
• Subcategory: Child Custody
• Date: 04/07/2025
• State: Texas

Answer:

I'm assuming there is no custody or visitation order in effect. If there is an order, then you would have to petition the court to enforce it if the father is not supposed to take the child with him.

If there is no order, it may be necessary to petition the court to establish custody as soon as possible before one parent leaves the country. In Texas, all parents, whether married or unmarried, have the right to custody or visitation with their children. However, when the parents are not married, paternity of the child must be established in order for the father to exercise his rights to visitation or seek custody of the child.

A restraining order is a court document that is an order signed by a judge. Typically, civil court orders are not published in newspapers, but violations of criminal restraining orders will become part of one's legal record. The restraining order may expire by statute or remain in effect until vacated by the court. The order may or may not be issued ex parte, or without both parties to the order present. In certain cases, a judge may require testimony by both sides before issuing a restraining order.

Ex parte refers to a motion or petition by or for one party. An ex parte judicial proceeding is one where the opposing party has not received notice nor is present. This is an exception to the usual rule of court procedure and due process rights that both parties must be present at any argument before a judge. It is in contrast to the rule that an attorney may not notify a judge without previously notifying the opposition. Ex parte hearings, petitions, or motions are usually temporary orders, such as a restraining order or temporary custody, pending a formal hearing or an emergency request for a continuance. Most jurisdictions require at least a good faith effort to notify the opposing lawyer of the time and place of any ex parte hearing.

A restraining order is a temporary order of a court to preserve current conditions as they are until a hearing is held at which both parties are present. For example, a restraining order may be issued in a divorce matter to prevent taking a child out of the county. Also, a person who is a victim of harassment may seek a restraining order from the court. The person or guardian of a minor who is the victim of harassment may seek a restraining order on behalf of the minor. The restraining order prohibits harassment. A restraining order may be issued against an individual who has engaged in harassment, or against organizations which have sponsored or promoted harassment. The distance required to be maintained is governed by the language of each specific order, which may include places of work, school, etc. Temporary restraining orders typically expire on the hearing date, but local law should be consulted for specific requirements. Often the restrained person will ask for a mutual stay-away order.

A hearing is typically held in which the person requesting the restraining order must prove their need for the order by the greater weight of the eivdence. The person sought to be restrained (defendant) may present evidence to counter the allegations made. A motion may also be made to modify the terms of a restraining order that has been issued. I suggest contacting a local attorney who can review all of the facts and documents involved.

Please see the following TX statutes to determine applicability:

FAMILY CODE
TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE
SUBTITLE B. PROTECTIVE ORDERSCHAPTER 82. APPLYING FOR PROTECTIVE ORDER
SUBCHAPTER A. APPLICATION FOR PROTECTIVE ORDER
Sec. 82.001. APPLICATION. A proceeding under this subtitle is begun by filing "An Application for a Protective Order" with the clerk of the court.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 82.002. WHO MAY FILE APPLICATION. (a) With regard to family violence under Section 71.004(1) or (2), an adult member of the family or household may file an application for a protective order to protect the applicant or any other member of the applicant's family or household(b) With regard to family violence under Section 71.004(3), an application for a protective order to protect the applicant may be filed by an adult member of the dating relationship.(c) Any adult may apply for a protective order to protect a child from family violence.(d) In addition, an application may be filed for the protection of any person alleged to be a victim of family violence by:(1) a prosecuting attorney; or(2) the Department of Protective and Regulatory Services.(e) The person alleged to be the victim of family violence in an application filed under Subsection (c) or (d) is considered to be the applicant for a protective order under this subtitle.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 8, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 91, Sec. 3, eff. Sept. 1, 2001.

Sec. 82.003. VENUE. An application may be filed in:(1) the county in which the applicant resides; or(2) the county in which the respondent resides.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 82.004. CONTENTS OF APPLICATION. An application must state:(1) the name and county of residence of each applicant;(2) the name and county of residence of each individual alleged to have committed family violence;(3) the relationships between the applicants and the individual alleged to have committed family violence; and(4) a request for one or more protective orders.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 2001, 77th Leg., ch. 296, Sec. 1, eff. Sept. 1, 2001.

Sec. 82.005. APPLICATION FILED DURING SUIT FOR DISSOLUTION OF MARRIAGE OR SUIT AFFECTING PARENT-CHILD RELATIONSHIP. A person who wishes to apply for a protective order with respect to the person's spouse and who is a party to a suit for the dissolution of a marriage or a suit affecting the parent-child relationship that is pending in a court must file the application as required by Subchapter D, Chapter 85.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 9, eff. Sept. 1, 1997.

Sec. 82.006. APPLICATION FILED AFTER DISSOLUTION OF MARRIAGE. If an applicant for a protective order is a former spouse of the individual alleged to have committed family violence, the application must include:(1) a copy of the decree dissolving the marriage; or(2) a statement that the decree is unavailable to the applicant and that a copy of the decree will be filed with the court before the hearing on the application.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 82.007. APPLICATION FILED FOR CHILD SUBJECT TO CONTINUING JURISDICTION. An application that requests a protective order for a child who is subject to the continuing exclusive jurisdiction of a court under Title 5 or alleges that a child who is subject to the continuing exclusive jurisdiction of a court under Title 5 has committed family violence must include:(1) a copy of each court order affecting the conservatorship, support, and possession of or access to the child; or(2) a statement that the orders affecting the child are unavailable to the applicant and that a copy of the orders will be filed with the court before the hearing on the application.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 82.008. APPLICATION FILED AFTER EXPIRATION OF FORMER PROTECTIVE ORDER. (a) An application for a protective order that is filed after a previously rendered protective order has expired must include:(1) a copy of the expired protective order attached to the application or, if a copy of the expired protective order is unavailable, a statement that the order is unavailable to the applicant and that a copy of the order will be filed with the court before the hearing on the application;(2) a description of either:(A) the violation of the expired protective order, if the application alleges that the respondent violated the expired protective order by committing an act prohibited by that order before the order expired; or(B) the threatened harm that reasonably places the applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault; and(3) if a violation of the expired order is alleged, a statement that the violation of the expired order has not been grounds for any other order protecting the applicant that has been issued or requested under this subtitle.(b) The procedural requirements for an original application for a protective order apply to a protective order requested under this section.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 1999, 76th Leg., ch. 1160, Sec. 1, eff. Sept. 1, 1999.

Sec. 82.0085. APPLICATION FILED BEFORE EXPIRATION OF PREVIOUSLY RENDERED PROTECTIVE ORDER. (a) If an application for a protective order alleges that an unexpired protective order applicable to the respondent is due to expire not later than the 30th day after the date the application was filed, the application for the subsequent protective order must include:(1) a copy of the previously rendered protective order attached to the application or, if a copy of the previously rendered protective order is unavailable, a statement that the order is unavailable to the applicant and that a copy of the order will be filed with the court before the hearing on the application; and(2) a description of the threatened harm that reasonably places the applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault.(b) The procedural requirements for an original application for a protective order apply to a protective order requested under this section.
Added by Acts 1999, 76th Leg., ch. 1160, Sec. 2, eff. Sept. 1, 1999.

Sec. 82.009. APPLICATION FOR TEMPORARY EX PARTE ORDER. An application that requests the issuance of a temporary ex parte order under Chapter 83 must:(1) contain a detailed description of the facts and circumstances concerning the alleged family violence and the need for the immediate protective order; and(2) be signed by each applicant under an oath that the facts and circumstances contained in the application are true to the best knowledge and belief of each applicant.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 82.010. CONFIDENTIALITY OF APPLICATION. (a) This section applies only in a county with a population of 3.4 million or more.(b) Except as otherwise provided by law, an application for a protective order is confidential, is excepted from required public disclosure under Chapter 552, Government Code, and may not be released to a person who is not a respondent to the application until after the date of service of notice of the application or the date of the hearing on the application, whichever date is sooner.(c) Except as otherwise provided by law, an application requesting the issuance of a temporary ex parte order under Chapter 83 is confidential, is excepted from required public disclosure under Chapter 552, Government Code, and may not be released to a person who is not a respondent to the application until after the date that the court or law enforcement informs the respondent of the court's order.
Acts 2003, 78th Leg., ch. 1314, Sec. 2, eff. Sept. 1, 2003.

SUBCHAPTER B. PLEADINGS BY RESPONDENT
Sec. 82.021. ANSWER. A respondent to an application for a protective order who is served with notice of an application for a protective order may file an answer at any time before the hearing. A respondent is not required to file an answer to the application.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

FAMILY CODE
TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE
SUBTITLE B. PROTECTIVE ORDERS
CHAPTER 83. TEMPORARY EX PARTE ORDERS
Sec. 83.001. REQUIREMENTS FOR TEMPORARY EX PARTE ORDER. (a) If the court finds from the information contained in an application for a protective order that there is a clear and present danger of family violence, the court, without further notice to the individual alleged to have committed family violence and without a hearing, may enter a temporary ex parte order for the protection of the applicant or any other member of the family or household of the applicant.(b) In a temporary ex parte order, the court may direct a respondent to do or refrain from doing specified acts.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 2001, 77th Leg., ch. 91, Sec. 4, eff. Sept. 1, 2001.

Sec. 83.002. DURATION OF ORDER; EXTENSION. (a) A temporary ex parte order is valid for the period specified in the order, not to exceed 20 days.(b) On the request of an applicant or on the court's own motion, a temporary ex parte order may be extended for additional 20-day periods.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 83.003. BOND NOT REQUIRED. The court, at the court's discretion, may dispense with the necessity of a bond for a temporary ex parte order.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 83.004. MOTION TO VACATE. Any individual affected by a temporary ex parte order may file a motion at any time to vacate the order. On the filing of the motion to vacate, the court shall set a date for hearing the motion as soon as possible.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 2001, 77th Leg., ch. 91, Sec. 5, eff. Sept. 1, 2001.

Sec. 83.005. CONFLICTING ORDERS. During the time the order is valid, a temporary ex parte order prevails over any other court order made under Title 5 to the extent of any conflict between the orders.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997. Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 11, eff. Sept. 1, 1997.

Sec. 83.006. EXCLUSION OF PARTY FROM RESIDENCE. (a) Subject to the limitations of Section 85.021(2), a person may only be excluded from the occupancy of the person's residence by a temporary ex parte order under this chapter if the applicant:(1) files a sworn affidavit that provides a detailed description of the facts and circumstances requiring the exclusion of the person from the residence; and(2) appears in person to testify at a temporary ex parte hearing to justify the issuance of the order without notice.(b) Before the court may render a temporary ex parte order excluding a person from the person's residence, the court must find from the required affidavit and testimony that:(1) the applicant requesting the excluding order either resides on the premises or has resided there within 30 days before the date the application was filed;(2) the person to be excluded has within the 30 days before the date the application was filed committed family violence against a member of the household; and(3) there is a clear and present danger that the person to be excluded is likely to commit family violence against a member of the household.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Sec. 83.007. RECESS OF HEARING TO CONTACT RESPONDENT. The court may recess the hearing on a temporary ex parte order to contact the respondent by telephone and provide the respondent the opportunity to be present when the court resumes the hearing. Without regard to whether the respondent is able to be present at the hearing, the court shall resume the hearing before the end of the working day.