restraining order and visitation

[thak9]

I have posted a few questions here before, and gotten good advice, so I will post one more. I am from Louisiana. My first question is can a judge order a injuction(sp?) on a parent just because thats what the other wants? My ex brought me to court for a peace order because she said I have been sending her threating and harrassing emails and phone calls. Well I proved that I had not done those things. But the judge still put that on both of us, simply based on thats what she wants. Since when can a restraining order be put on someone for no reason other than thats what the person wants.....My second question is, I hadent seen my son for almost a year and a half, my first time getting him for the weekend he didnt want to go back. He wanted to live with me, and every time I bring him back, he just cries like crazy and shakes he cries so hard. He doesnt want to be with his mom and tells me this the whole weekend that a have him. And she tells him all kinds of junk, like telling him my vehicle is junk and that im going to jail and that I am a bumb, junk like that. She tells him that I when I bring him back its because I do not want him anymore. All of this is really hurting him alot. I do refrain from telling him anything bad about her. I dont beleive in handling things that way. My son will be 4 in Feb. they say that when they are about 12 or so, he will be able to have a say so who he lives with. Well, should a child live in hell and be miserable for that many years? He does not want his mom, and wants to live with me. Im confused about the saying "whats best for the child" because whats best for him is to be with me. You can tell what makes him happy and unhappy. My other question is the court order says for me to pick him up after school on Friday and drop him off Sunday at 4:30. Well hes not in school or daycare. Im picking him up at 7:00 at night. I dont beleive it should be that late. What can I do to make it earlier? Also, can she get in trouble for always causing visitation problems? One more question, I got visitaion rights, "reasonable visitation"/joint custody. She would not let me see him for one year after the court order, all she got was a slap on the wrist. Can she get in more trouble for that than a slap on the wrist? Like kidnapping? I would really appreciate any input, (legal beagle?)

[Edited by thak9 on 11-28-2000 at 09:17 PM]

 

[thak9]

What is the deal here? Ive had over twenty people view this message and not one response. Is it because I am a father having problems with the mother? Is that so unheard of? Or is it I want full custody of my child? And being a father that is a mortal sin for me to even consider such a thing...I got good advice before, now Im not geting "any" advice, I figure something must be wrong with my message...

 

[Tigres]

What is the deal here? Ive had over twenty people view this message and not one response. Is it because I am a father having problems with the mother? Is that so unheard of? Or is it I want full custody of my child? And being a father that is a mortal sin for me to even consider such a thing...I got good advice before, now Im not geting "any" advice, I figure something must be wrong with my message...

Honestly? Legal Beagle likes to read posts with paragraphs among other things... It has nothing to do with whether you are the father or the mother. There are ALOT of posts... try again?

Tig

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[stepmom03]

I have no legal advice. I just wanted to tell you that I know exactly what your going through. My husband has the same EXACT problem with his exgirlfriend, and our boy and yours are the same age. We finally filed custody ourselves, pain in the butt however, and we got joint legal custody, shared physical custody. We didn't go to court, they settled through mediation. We have since put the boy in counseling, without his mothers knowledge, and the counselor is urging us to petition for full custody, the mother have all her visitation rights revoked, and only supervised visitation around the holidays. All because of the same exact things you just posted about. Keep trying, don't give up hope. If you can afford to contact a lawyer, try to get more custody. It is possible. Chances are if she is a mom like my husbands exgirlfriend she isn't going to fight too hard on anything. Good luck. Oh, I really enjoy reading when a dad is trying to do the best thing and not run away. Good for you and don't let anyone tell you differently.

 

[thak9]

Thanks Stepmom03 for the input. Its good to know that their are others going through what I am going through. I will not give up, but hopefully one day I will be able to afford a good lawyer(that will really fight for me) and I can get some justice done. I do have joint custody but it does not feel like it at all..........thanks again......Oh, by the way Tig, if you know so much than what is it? If I knew I wouldnt be asking.....now would I?

[Edited by thak9 on 12-01-2000 at 07:42 PM]