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As for the restraining order, it would probably depend on why you felt you needed the restraining order against her. Has she harmed or threatened to harm you? Or do you just want to be single again? As for the children, I can't see any judge giving you a restraining order against them, and may even let the wife take out a restraining order on you for trying to kick her and your innocent children out on the street. That could be considered child abuse, child endangerment or at the very least, neglect.

As for filing for divorce, anyone can do that at any time. And keep in mind, you will have to pay child support whether you choose to visit your kids or not. Although, if they are your stepchildren, then you shouldn't have to pay child support on them but, depending on the laws in Texas, you may have to pay spousal support (alimony).

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Q: In Texas can a husband file for divorce and obtain a restraining order to kick out the wife and children?
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