Ok, I will try to make this long story short. I was married we had a child. He then started to steal my money and use drugs all day. Totally changed and didnt work was a getting trouble with the law and so forth. We did get a divorce. The judge didnt give him any rights to our child because of his history. Now 3 years later his mother wants to see the child. The mother is writing letters to me and there are not nice ones at that. She use to talk to the child then would sneak her father on. Our child now has issues. She holds her self from going to the bathroom everytime she hears their names. I got a letter now stating the the grand mother wants my child to visit her, we do live in diff. states. She has stated she has been around the house and said she will do anything at cost to get her. She calls all the time and wants to talk to the child, the letters dont stop. I want to put a restaining order on her. Will the courts let me? DO we have to appear in court? How does this work?
2007-10-14 15:26:54 · 3 answers · asked by duh..... 1 in Politics & Government ➔ Law & Ethics
Based on your statement "She has stated she has been around the house and said she will do anything at cost to get her", I would be going to the courthouse first thing tomorrow morning to get a restraining order. That is a blatant threat that she will do "anything" to get to your daughter. Because this is concerning the satety of your child, hurry and get it done. Also notify her school and childcare if she goes to one, and also her best friends parents that you are the ONLY one who is allowed to pick her up, unless you give written permission and deliver the letter in person for anyone else to take her. This may be embarrassing to you, which is understandable, but you would not believe the number of kidnappings that are done by noncustodial parents and grandparents and other relatives. This would be for your daughters safety. Also remind her that she is not to go with anyone unless you have said it was ok, even if they say that you told them that they could pick her up. kidnappings are usually done by tricking the child into a car with lies, such as that you were in a car accident and asked them to pick her up. This is important regardless, because even with an RO in place, people do still kidnap children. Also be sure if you are granted the RO to have your daughter tell the nearest adult if she sees anyone who is included in the RO. Many kidnappings by a person known by the child are done at school.
2007-10-14 15:49:57 · answer #1 · answered by Somaesthesia 5 · 0⤊ 0⤋
You can ask the court for a retraining order -- yes, you would need to appear at the court, at least once probably twice, to testify before the judge and explain why the order is needed.
As to whether the court will grant your request -- that depends on a lot of factors, far too many to analyze based on your summary. But you can always ask.
2007-10-14 22:33:07 · answer #2 · answered by coragryph 7 · 1⤊ 0⤋
look there are tow avenues to pursue first is to try to get the the threw your local courts the other is to just change your phone numbers, but in general a grandparent in her situation will have no legal rights to see your child
2007-10-14 23:24:37 · answer #3 · answered by goz1111 7 · 0⤊ 0⤋