ok I'm going to try and make a long story short; my parents are divorced and because of issues that my mom has with my dad (him not giving her money to help take care of me) she wants to put a restraining order on him so that I cant have any contact with him at all even though I am 18 years old (he still has to pay child support because i am disabled, and he does but she thinks he needs to pay more, blah blah blah) so i'm just wondering if it is legal for my mom to get this restraining order???
2007-09-09 12:47:48 · 21 answers · asked by amk51789 5 in Family & Relationships ➔ Marriage & Divorce
No. There is not a judge in the world who would grant this. You are of legal age and capable of making your own choices. This would not be granted even if you were younger. Child support requirements and visitation rights are not related.
2007-09-09 12:53:11 · answer #1 · answered by arkiemom 6 · 2⤊ 0⤋
In most states a restraining order is for protection if there has been a reason to fear fro your safety. Also, in most states you can not keep a child from seeing the support paying parent just for money reasons. You, as an adult, even though you are disabled, can make those decisions on your own if you are going to see him or not. This is not something I think a court would side with her about. She needs to sue him for more money if she thinks it is not enough, but that is not something that YOU should have to be involved with. The other stuff is YOUR personal business, not hers. I bet YOU can get a lawyer easily yourself becuase you are disabled you mihgt get some free counsel. See what you can find out. Once she knows the truth, she might stop being so silly.
2007-09-09 13:01:05 · answer #2 · answered by Anonymous · 1⤊ 0⤋
No it's not. Restraining orders are granted only if a persons well being is being threatened by another. Your mother should be filing for an increase in child support not a restraining order.
2007-09-09 13:19:42 · answer #3 · answered by ods 2 · 0⤊ 0⤋
Well you are an adult now, so if you still want a relationship with your dad, she has to accept that and allow it . Do you live with your mom? I can imagine her getting a restraining order to keep him from contacting HER and indirectly keeping him away from you at her house. However, I don't see how she could keep him away from YOU, tell her if she brings it to court you will be there and calmly tell the judge you do not want it to happen, and there's no way it'll go through. Good luck, hope everything cools down and you get to see them both on your own terms.
2007-09-09 13:01:17 · answer #4 · answered by bagalagalaga 5 · 0⤊ 0⤋
Yes it is illegal if there is no just cause. Your father would have to be abusive to you in some way,or threatening. When they divorced in order for the divorce to be finalized then both of your parents should have came to a conclusion on joint custody/visitations with you and if you have siblings. Now the only thing that she can do is take it to court and say that your father is being a "Dead beat father" which they may suspend visitation rights until his child support is caught up. The question is do you want to see your father. Even if you are disabled your opinion matters more then what your mother wants for you, he is your father and you have every right to see him.
2007-09-09 12:58:34 · answer #5 · answered by someonetodiscover 1 · 1⤊ 0⤋
Unless your Mom is a legal Guardian due to your disability, she cannot interfere with whoever you wish to be with or talk with.
But if you still live at home, she can keep him away merely because it's her home.
If you are able, meet him in a neutral location.
You Mom needs to take that energy that will not award her a restraining order (he has to do something criminal first to wards you and/or your Mom) and file a civil suit for back support.
Good Luck 2U
2007-09-09 21:36:26 · answer #6 · answered by Kari 1 · 0⤊ 0⤋
Don't worry, no judge will issue a restraining order on those issues. in fact a judge will probably give your mother a stern warning that she could be charged with contempt of court for not allowing your dad to see you, REGARDLESS of whether or not he is paying support. Your mom needs to realize that somethings are more important than money. I think your mom will be surprised when she goes to court, SHE is going to be the one in trouble.
2007-09-09 14:19:13 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Obtaining a restraining order on someone is perfectly legal hon, but not in this situation. There is no way a judge would order it unless she plans on doing alot of lying in her testimony. Someone needs to sit mom down and tell her that greed is not a reason to stop a child from seeing his/her father and that it's affecting you by placing deep seeded feelings of guilt for the situation.
2007-09-09 13:01:29 · answer #8 · answered by Hollynfaith 6 · 0⤊ 0⤋
No it's not legal. Child support is not payment for visitaiton, your mother is in contempt of court and could be jailed if she does not comply with the court ordered visitation. If she has a restraining order put against your father he can sue her as well.
2007-09-09 18:24:19 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I dont think so..a restraining order is to protect somebody from a crazy person who may be a threat and it doesnt sound like he is doin anything threatning ..your moms just mad because she want more money..she is wrong for doing that because it is affecting you more and she needs to realize that you need your dad regardless of how much money he gives her good luck hun
2007-09-09 12:53:35 · answer #10 · answered by Tiffany R 2 · 2⤊ 0⤋