I have a domestic violence restraining order against my daughter's father. The restraining order will be expiring soon. Because of the restraining order, I was automatically granted sole legal and physical custody of our daughter. Once the order expires, will I need to refile paperwork to maintain custody?
2006-08-02 17:15:32 · 5 answers · asked by tracey 2 in Family & Relationships ➔ Marriage & Divorce
No, once the court order has been made, it can't be changed unless a motion is filed with the court to change it. (You would have been served papers if he filed a motion) If there is cause for concern regarding your daughter's father, I would seriously consider having the time extended on that restraining order. Most judges will gladly do it upon request. Call your local clerk of courts office for the information on how to do that.
2006-08-02 17:29:24 · answer #1 · answered by Hollynfaith 6 · 0⤊ 0⤋
if you were granted custody already by the courts then i don't think you need to refile for it, although you should read through the entire court order for custody and see if there are any paragraphs that say custody will expire or is limited or will be reworked or anything like that
2006-08-02 17:21:30 · answer #2 · answered by zether 6 · 0⤊ 0⤋
No, once you have sole legal and physical custody you keep it unless he takes you back to court to try to get it changed. I would file for another restrainig order though just for yours and the childs safety
2006-08-02 17:37:42 · answer #3 · answered by Charlotte F 2 · 0⤊ 0⤋
yes. but i dont understand why you dont have sole custody already....go get that and ask for supervised visitation for him so you dont have to worry about her. then keep your restraining order on always to keep him away from the house.
2006-08-02 17:20:50 · answer #4 · answered by ziggunerin 4 · 0⤊ 0⤋
NOT NESSCARY, YOU CAN GO TO FAMILY COURT AND GET CUSDOY OF THE CHILD WITHOUT THE RESTRAINING ORDER
2006-08-02 17:21:50 · answer #5 · answered by Anonymous · 0⤊ 0⤋