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What are automatic temporary restraining orders (ATROs) as it pertains to child custody and visitation?


When a parent files a dissolution or paternity action, ATROs are written on both sets of forms that are binding on the party that files the pleadings with the court. ATROs restrict the parties from removing the minor child or children from the state without the prior written consent of the other party or an order of the court. Thus, when the Petitioner files for divorce or a paternity case, they are prevented from removing the child(ren) from the state without court order or written consent from the other party. The Respondent (party who did not initially file and is hence responding to the petition), is bound by the terms of the ATROs upon service of Summons and Petition (for dissolution or paternity) upon him or her.

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