How do i get a restraining order for my son. ex's girlfriend is HIV positive.......?

Question

My sons fathers girlfriend is an ex heroin addict and i have heard from others that she knows that she has HIV and Hep C. I have told him that i do not want her around my son but he has no common sense and consistently has her around. she also has diabetes and i have found her needles laying around the house where my son spends alot of time. She has been in jail and cannot even se her own kids. she should definately not be around mine then. how can i go about getting a restraining order on her for my son. thx i am desperate and have to take these matters into my own hands because his father is a F%^%$##$$% moron. please help. thanks

my son is 4 years old and we have joint custody

Answer 1

Petition the court for custody. And in the process try to get mandated visitation with supervision.

There's no guarantee....the family court system is pretty fickle.

Answer 2

Basically go to the clerk of the court or a police station and they will be able to help you. If for some reason none of this works just don't allow your ex to see him. Sorry but this is life or death. He will have to take you to court to enforce this anyways. You can delay the visitation without confrontation by telling him you have other plans. And this will keep the arguments to a minimal if he is violent or upset easily towards you. Also, it would be wise to contact a lawyer. If you're funds are limited a lot of the time lawyers will offer a free consultation and give you free advice in the mean time. Then you will be able to file your own paperwork or they will lead you to the next step. Call children's services as a last resort and they will definitely intervene. They will be all over them and YOU so trust me last resort. But don't exclude it as an option. Trust me on the visitation thing. When parents don't pay child support nothing happens right away....not allowing visitation isn't any different.

Answer 3

It is always a difficult situation when parents are divorced and one has moved on (or rather moved down). You mentioned that you have joint custody. You have a few options.

1. The most drastic is to file a motion for sole custody with no right to visitation. This is very hard to get from a judge as most judges believe the child has the right to know both their parents. Parents have the right to see their children as well.

2. Next would be motion for sole custody with supervised visits. Again this is hard to get, but the judge may leave custody alone and supervise the visits to prevent contact with the undesirable person.

3. Motion to change visitation to supervised. Easier to do if you have the evidence.

4. Withhold visitation. This is risky as it opens the door for a motion for citation in contempt or a motion to change residency out right. It would force him to act first in court. There are advantages in defending his motion as you can subpoena the girl friend and prove your case.

5. I would normally say that talking it out with your ex is the best way. However you do not believe he will listen.

Talk to a local attorney and get some detailed advise regarding the case law and statues in your state as they relate to your situation.

Good Luck

Answer 4

You will not be able to get a restraining order based on the above.

You can sue for full custody and request supervised visitation for the father only, but you will need to be armed with facts, not hearsay, to justify this request or the Court won't grant it.

You need to hire a family law attorney that has or contracts with a good private detective on staff to gather/subpoena information about the girlfriend that can be used in Court to support your position for supervised visits with the father only.

Withholding custody could not only end you up in hot water with the Court, but if the it is challenged and the hearsay that you have heard about the other woman turns out to be false, you could end up being the one on the end of supervised visitation and paying child support to the father for your son.

Keep in mind anytime someone goes to Court for a custody battle there is always the risk of the custody arrangement not only not being changed in your favor, but you could lose certain rights or custody entirely. While you are gathering information on your ex and his new girfriend, his attorney will be trying to dig up any sort of dirt they can on you.

Answer 5

how about going to court to fight for custody? You can use what you just told us as your case. I am sure a judge will see it your way you just have to have proof. Restraining order is going to be about impossible to get however full custody may be feasible. Try that route.