Ask Experts Questions for FREE Help !
    mouse555's Avatar
    mouse555 Posts: 1, Reputation: 1
    New Member

    May 28, 2013, 05:34 PM
    Restraining order and child custody
    If I were to get a restraining order on my spouse, who is currently keeping my kids from me (who happen to be infants, one has a strong bond with me, my bond with the younger one is still growing and has been interrupted due to this), would this give me full temporary custody of them? I don't want to keep my kids from their father, but he is keeping them from me... My spouse does have a history of violence against me. Can I file a restraining order based on that?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977

    May 28, 2013, 07:21 PM
    No, a restraining order would not normally change the custody & visitation. You need to get a custody order, normally a part of a petition for divorce or separation.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    May 29, 2013, 05:10 AM
    Agreed a restraining order just requires him to stay away from you. Which would actually help him keep your children from you.

    Why haven't you filed for divorce? Do that and you can ask that for temporary custody of the children.

Not your question? Ask your question View similar questions


Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.

Check out some similar questions!

Restraining order,custody,kidnapping,what should I do? [ 3 Answers ]

In June my restraining order on my daughters dad ends. I'm worried about what's going to happen if we go to fight for custody and visitation. Here is the story: June of 2012 I left him after he beat me and took off with my daughter for 24 hours I had no clue where she was. I got the restraining...

Can a restraining order from third party affect custody [ 5 Answers ]

My ex boyfriend is threatening to put a restraining order on me. He is not the Father of my child. Can this affect my current custody order?

Restraining order custody? [ 2 Answers ]

I have a restraining order and I asked for legal and physical custody which was granted. My question os do I need my son's father to go with me to get his passport to travel?

Restraining order and child custody [ 1 Answers ]

What if me and my husband have a restraining order and I have sole legal custody and never showed up in court. We both did not show up in court. Do the current orders stay in effect or what happens?

View more questions Search