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What are my Fatherly Rights when I have a restraining order??
My soon to be ex-wife and myself are currently in the process of our divorce. While we were married, she became very manipulative, threatening, and volatile. When I told her I was filing for divorce, she did the ultimate and called the police on me stating that I pushed her to the ground, threatened her and our unborn child, was an abusive and violent individual. To make a long story short, I was brought into custody, questioned for hours, and finally the police dropped the charges because there was no evidence of abuse. So to get revenge, my ex went to court and filed a restraining order against me. Well, my son is now 3 months old and I have not seen him since he was born. I want to know what my rights are. Since there is a restraining order, does that mean that the order is in effect with my son also? Please help!!
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Have a few questions: what state are you in... RO are not the easy to get in some states... some contact was done... you were told that you are the father of a boy... having an RO will make it difficult for custody... so I need to know if you want custody or just visitation... for your own safety and to prove to the courts that your concern are for the child... open an account and place some monies in it for the child... it is your way of showing your ability to pay child support and you have not abandon your responsibility... get a lawyer... make arrangements for visitation... supervision... do not fight... use the fruit age of the spirit... by using self control... come back at us with the information...
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You'll need to go to court and petition for an order for visitation. Strictly speaking, the restraining order keeps you away from her, not your child. Because it is in effect, however, the judge may permit supervised visitation only or may order a third party to act as an intermediary to oversee your picking up and returning your son when visiting with him.
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I live in the state of California. I do have an account for my son and already have money set aside for his savings. I know that my ex-wife is going to fight me for full custody but I have no problem with 50/50 custody. I do want more than just visitation with my son.
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In California you will have a battle on your hands, must must be able to prove you are fit parent, you should file for sole custody yourself.
Start documentation on all contact with your ex, even to the point of carrying a pocket tape record and a camera with you. |
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