is this grounds for a restraining order?

[laciegirl]

What is the name of your state? Wa state
here's the story...a couple is getting a divorce, the wife has a new girlfriend (no misprint)and the husband is threatening to get a restraining order and take full- custody of the kids if the girlfriend stays at the house again while the kids are with her. Is this legal?

 

[Zephyr]

the only way he can get a restraining order is if he can prove, or at least make a judge believe, the children are in danger


although mom isn't really using the best judgement here having her lover- regardless of sex- sleep over in front of the kids while still still married to dad- she might want to think about the fact that the kids' family has just been torn apart and they may need some time to adjust

 

[Silverplum]

What is the name of your state? Wa state
here's the story...a couple is getting a divorce, the wife has a new girlfriend (no misprint)and the husband is threatening to get a restraining order and take full- custody of the kids if the girlfriend stays at the house again while the kids are with her. Is this legal?

Who knows?
Your post is coy: you have not revealed the existence or status or content of any court orders, the ages of the kids, and other pertinent info.

Who are you in this mess? Get one of the principals online.

It's entirely legal to threaten to get a RO and take full custody.

 

[laciegirl]

not trying to be coy...I am the girlfriend. the kids are 5 and 6. nothing in court at this time, husband doesnt want a lawyer, wants to draw up paperwork himself.

 

[laciegirl]

also, I know he can threaten her all he wants, I just thought he had to have a reason to get a restraining order

 

[Silverplum]

not trying to be coy...I am the girlfriend. the kids are 5 and 6. nothing in court at this time, husband doesnt want a lawyer, wants to draw up paperwork himself.

So? It's legal to represent oneself in court.

 

[Zephyr]

also, I know he can threaten her all he wants, I just thought he had to have a reason to get a restraining order

He does need a reason to get a restraining order....

 

[laciegirl]

this really has nothing to do with him representing himself or telling her she doesnt need a lawyer, I was only wondering about the restraining order.

 

[Silverplum]

the only way he can get a restraining order is if he can prove, or at least make a judge believe, the children are in danger


although mom isn't really using the best judgement here having her lover- regardless of sex- sleep over in front of the kids while still still married to dad- she might want to think about the fact that the kids' family has just been torn apart and they may need some time to adjust

YES, and at ages 5 and 6, they're awfully young.

But, ya know, getting laid is so, SO important!

 

[Zephyr]

this really has nothing to do with him representing himself or telling her she doesnt need a lawyer, I was only wondering about the restraining order.

you brought it up

 

[Silverplum]

this really has nothing to do with him representing himself or telling her she doesnt need a lawyer, I was only wondering about the restraining order.

Then that q has been answered by Zephyr. I was answering your other points.

 

[laciegirl]

I am rolling...its not about sex, and just so you know, I am not going to stay there when they are there until the divorce is final. just was curious about the legal part of it. calm down now...

 

[fairisfair]

your involvement with this woman, while she is still married and in front of her children, is both legally counterproductive as well as morally inappropriate.

Whether or not he gets a restraining order against you, and quite possibly, he may feel that he has appropriate grounds, you are not helping her in her issues regarding child custody and/or parenting rights.

 

[fairisfair]

I am rolling...its not about sex, and just so you know, I am not going to stay there when they are there until the divorce is final. just was curious about the legal part of it. calm down now...

Oh, so it is just about sleep overs?? give me a break. Obviously, it is a little late, you have already apparently stayed there while the children were present.

 

[Zephyr]

FairisFair, are you trying to get in on mine and Silver's tagteam action?