Restraining Order & Child Custody?

Question

My ex-husband and I divorced in september and it says 50 percent custody on our divorce. He hasn't wanted anything to do with the kids until I told him that I didn't want him to come to my house! He harrases me and I got a Temporary Restraining order on him so he can leave me alone. Now I am trying to get Custody of my childern. What are my chances if they have lived with me the entire time? and he also has a past restraining order that I lifted from him because he went to counseling?

Answer 1

There is no problem here that I see that will prevent you from being awarded custody of the kids. The restraining orders only show he has a problem behaving himself which will work to your advantage, btu you should have no problem. Good luck and Merry Christmas

Answer 2

you will no longer be able to make this guy be a father. If he's been abusive, pass away issues as they are. A restraining order does not provide you lots protection, in spite of the shown fact that it does a splash, especially if he's frightened of being deported (which might save him out of the U. S. legally for 10 yrs). Many abusers be able to stay interior the infants lives after a restraining order, I hear it at right here perpetually. He does not care to. i do no longer think of you have lots to agonize approximately. it quite is not likely that he'd receive finished custody, yet possibly that he'd receive visitation, or maybe custody as much as 50%. back, he'd must have an interest in pursuing it. one element that should undertaking me may be him taking the youngster to Mexico (is that the place he's from?). i might word for his passport so the ex could no longer and that i might locate out what documentation the dad needs to take him into Mexico. Then i may be useful he did no longer have it. good success.

Answer 3

Being right where you are now it's not so cut and dry, if your x has never hurt the children then the court is'nt going to just hand them over you'll need proof of all things, you can get full custody but under the guide lines he'll have his visits with someone else to be there to give the kid's too him because of your order, he's trying to control u w/the whole thing about not being allowed in your home, harrassment leads to physical abuse and the counseling will NEVER work it's a front to get you too be the way he wants all of it to b.

Answer 4

as far as i know, there are only 2 states where the restraining order is forever... NJ and WA.
also, with his past one, it may not weigh heavy in a case, but it does prove lack of self control/acting on anger which cant be a good thing around any child.

if you cant afford an attorney, contact a legal aid office in your area. they are in every state and most counties. they go on a sliding scale, so its free to most. they should be in the phone book, or call the county court clerks office and ask if they have the number.

its a hard call. get a notebook and document everything. dates, times and what happened. start with the time period he stopped seeing the children.document when he calls to talk to them. document what he says to you (always always with a date and time on entry). this is a good thing for the court (your attorney).

if they have lived with you the entire time, i would guess you would be awarded custody, with him having visitation rights. with him starting to see the kids again, the court will just view this as a father 'trying to reestablish a relationship with his children'.

been there, done that.

get a good lawyer and stand your ground. all you can do is try.

some great links; just click on your state and find the section you need info on. the last few are to help you.

Answer 5

I think the restraining order and the fact that he doesn't visit the kids will be good reason to give you custody.

Answer 6

you have the child she/he are your's...keep the restraining order