my soon to be ex husband says he is going to get a restraing order again the person i am currently seeing because he is his ex best friend. we have two children and he does not want them around him. Can he really do that?
2007-12-26 08:06:12 · 12 answers · asked by missyc46 1 in Family & Relationships ➔ Marriage & Divorce
If i were the person you're seeing i would run for the hills because all it takes is a phone call to child protective services and your life can be ruined with out just cause, your ex can also can get a temporary child protection order just by filing it and the man you're seeing will have to stay away when the kids are at your house until your man can get to court and get it straightened out, good luck with that.
2007-12-26 08:20:55 · answer #1 · answered by Anonymous · 1⤊ 1⤋
Yep. It's called a morals clause....many states recognize it.
You really should not have the kids around another man while divorcing, expecially overnights, all you are doing is confusing the hell out of them. Childen want their parent's together - they are too young to understand the complexities of adult relationships - and you really are doing your children harm...do them a favor, and make things easier on everyone - avoid the courts - and keep your private life out of your children's eyes. Spend time with your new boyfriend when the children are in your ex's care. If you refuse to do that, at least get your children into counseling - the divorce is hard enough as it is...they need someone they can talk to about how they feel.
2007-12-26 08:20:48 · answer #2 · answered by allrightythen 7 · 3⤊ 1⤋
In most cases he cannot. However, you husband may have legitimate concerns about you BF's contact with your children. I don't mean to be judgmental but usually it is not a good idea to introduce children to a new relationship when you are in the middle of divorcing their parent - regardless of whether or not the new relationship is with a family friend or not. I don't know what your husband was like in marriage but to your children, he is probably just their father, who they love and seeing you with a new man will not be easy for them. They may act like they are okay with it but in my experience kids who act okay are simply protecting their parent's feelings. It is a terrible situation to place them in. It is also pretty expected that your husband would resent the presence of his ex-best friend in his children's lives. If you are honest with yourself, you will probably admit that you would feel the same way if the roles were reversed. I strongly suggest you and your husband see a counselor to help you both manage your divorce in a way that is the least hurtful to your children - they are the ones who really need your attention right now, not your boy-friend.
2007-12-26 08:18:08 · answer #3 · answered by kvcar2 4 · 1⤊ 1⤋
In other words you cheated on your husband with his best friend, you are divorcing him and the only thing that concerns you is whether he can get a restraining order against your lover, so he (your lover) will not see your husband's kids??
I sure hope so, is the least he can do, after you dumped the poor guy for his best friend.
Geesh, talk about trailor trash...you epitomize it all!!!!
2007-12-26 08:13:03 · answer #4 · answered by The_last_Amazona 3 · 2⤊ 1⤋
i dont know where you live but in texas the answer would be no. hubby would have to prove the children would be in harm around this man. you said he was hubby best friend(witch i have to say show very little class on your part) so i assume hubby didnt mind when he was his friend coming over and being around the kids. i have to ask...why of all men in the world would you hook up with hubbys best friend. i have a feeling that the main reason is to really get your digs in on hubby. if i was you i would agree not to have him around your children at this time. see him out side of your house and children. think about the kids. it sounds like you and hubby are more concrened about your selfs then your children. STOP IT. CHILDREN SHOULD BE ALLOWED TO LIVE IN PEACE. THEY COME FROM BOTH OF YOU AND SHOULD BE RAISED BY BOTH OF YOU WITH OUT HAVING TO WORRY WHAT MOM OR DAD IS MAD AT THE OTHER ONE ABOUT THIS WEEK. P.S you should have never turned to HIS best friend.thats about as low as a women can go.
2007-12-26 08:30:43 · answer #5 · answered by BLOODHOUND 6 · 1⤊ 2⤋
He has to have "just cause" or a reason to have one. You simply cannot just restrain everyone just because you don't want people around you.
He is certainly jealous and is doing this because of it.
But the flip side of this is you could, depending on the level, have one put on him for harassing you with these frivolous threats.
2007-12-26 08:12:51 · answer #6 · answered by Slick 5 · 0⤊ 2⤋
Yes, he can get a restraining order for your kids, and then they won't be able to see him. But he cannot get a restraining order for you against him.
But, there has to be a reason. Such as violence. He cannot just say he wants one because he doesn't want his kids seeing his old best friend.
2007-12-26 08:10:04 · answer #7 · answered by brittany 4 · 1⤊ 2⤋
Yes, but he better have a pretty damn compelling reason to give the judge as to why. Judges will not order an injunction for frivolous reasons such as, "I don't like that guy." He would have to have documented proof that the man is a danger to your children such as reported violence against the children. Violence against other children or another adult won't fly.
2007-12-26 08:47:47 · answer #8 · answered by Anonymous · 0⤊ 3⤋
Only if there is cause. Cause would be something like your lover is a criminal or ex-con, has been accused of a serious crime, has a demonstrated drug or alcohol problem, or has a documented history of abuse.
2007-12-26 08:09:50 · answer #9 · answered by Anonymous · 0⤊ 2⤋
not with out just cause.. he'd have to prove that he is a danger to the children.
Dont worry he's just being jealous and doing it out of spite.. no worries.
2007-12-26 08:09:34 · answer #10 · answered by brwneyedgrl 7 · 0⤊ 2⤋