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Just lost

Started by Lost father, Oct 14, 2012, 08:44:29 PM

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Lost father

So I left my wife two weeks ago after constant yelling at me in front of our 3 kids.  I went to file divorce papers and was going to have her served but was unable to because she left the state with the kids.  She fled out of state took kids and has not allowed me to speak to them.  I filed an emergency motion to have children brought back however I was served with a TRO stating she fled because I was abusive to her and our children, both of which are untrue.  I have no way of knowing for sure her location so I can have her served. If granted the motion to have children back to their home state will the TRO trump that motion? 

DadsCrushed

Normally a restraining order is an ex parte and they are easy to get. At the very least you should have a court date scheduled shortly as noted on the order. At that time have somebody serve her the paperwork. You can still file against her at the last known address.

MixedBag

Yes, here in AL I was told to attempt to have (him) served at the last two known addresses, then you file a motion to ask to have it published in the paper for three consecutive weekends -- do that and then move forward.

Different states, different rules, BUT there is a way around that.