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    mouse555's Avatar
    mouse555 Posts: 1, Reputation: 1
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    #1

    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
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    #2

    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
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    #3

    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.
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