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child custody and restraining order

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J

jojobear2002

Guest
What is the name of your state? Indiana

I am asking this question on behalf of my niece who does not have internet access.
She is currently in the middle of a divorce and as of now has custodial rights of the 2 children. Her soon to be ex has visitation every other weekend and 4 hours through the week. 3 days ago he pushed his way into my sisters house (where my niece and great nephews now live) This was late at night and the kids were asleep (thank god) Anyway he was drunk and shoved his way into the house and pushed her around and slapped her. The police were called and she filed a restraining order against him which states he is not allowed to come around her, the kids, or my sister until a specified court date which is next month. Well on his visitation day he came to pick up the kids for his allotted time and she told him he could not have them and that he was under a restraining order (apparently he had not been served yet) He contacted his lawyer and she received a call from her lawyer that she was in contempt of court because she did not let him have them. The lawyer told her that the restraining order is not worth the paper it is wrote on because of the visitation agreement and also because the divorce was filed in one county and the restraining order in another county.
She has had a lot of trouble with her lawyer and has not had any luck locating one that would take her case.
I am really becoming concerned for the welfare of the children and am worried what may happen to them if their father gains custody of them. I love those kids and want what is best for them and I don't believe their father gaining custody of them is for the best.
In any case I would really appreciate any and all advice on the subject I can get so I can relay it to her.

Thank You,
jojobear2002
 


N

njmom

Guest
just my opinion.......

First of all, this man should be charged with violating a restraining order, so his attorney is just trying to get her to go along with being manipulated into violating the restraining order as well!!..She does not have to let him see the children until the specified court date next month!!....If it specifically states the childrens names on the restraining order than the children are included in the retraining order!!.....Do not let the attorney manipuate her into breaking the order, she could have a warrant out for her arrest if she breaks the order!!
Secondly, what makes you so concerned that he will get custody?? If he has a restraining order on the father and the restraining order is not dropped, he will not get custody of the children, he may get visititation, whether it be supervised or unsupervised, but I am sure that is just about all he will get!! Is the mother unfit? Is that why you are concerned about the custody situation? If she is a fit mother, they will not give custody to the dad, unless he can prove her to be unfit!!...I am a shoulder to cry on for a girl in a similar situation, and that is why I know about the restraining order, and her ex was thrown in jail for two nights because he came by her apt. threatening her, and she called the police and he got picked up a couple hours later and was put in jail and held on bail!!....His attorney also contacted my friend and tried to get her to take the kids to the park and meet him there, or have a third party, so these attorneys will do anything they can to manipulate her, believe me, and he must not fall for it, they must wait for the hearing, unless she decides to drop the restraining order, and if she does decide to drop it, she better be waiting in line to file for custody/vistaion/child support, because I am sure he will be there too!!......Good luck with the situation and let us know how it goes!
 

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