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    dbac10's Avatar
    dbac10 Posts: 2, Reputation: 1
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    #1

    Jun 22, 2011, 09:51 AM
    Can a dad take custody from a mom through a restraining order?
    My kids dad has never really been involved in their lives, until the last 2 years. We never went to court for visitation. Now he put a restraining order on me and he wants to take the kids. The restraining order states not that I am abusive with anyone only that I am never civil with him. Can he take my kids. They want to see him but not live with or stay with him.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jun 22, 2011, 09:53 AM
    Quote Originally Posted by dbac10 View Post
    ... Now he put a restraining order on me and he wants to take the kids. ... Can he take my kids [?] ...
    What does the order say?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #3

    Jun 22, 2011, 10:24 AM
    Quote Originally Posted by dbac10 View Post
    My kids dad has never really been involved in their lives, until the last 2 years. we never went to court for visitation. Now he put a restraining order on me and he wants to take the kids. The restraining order states not that I am abusive with anyone only that I am never civil with him. Can he take my kids. They want to see him but not live with or stay with him.
    Has the RO actually been granted, or has he simply filed at this point?

    If being uncivil was grounds for a change in physical placement, the courts would be booked solid for years out with angry parents trying to fight over custody.

    Based on your statement that you "never went to court for visitation," I have to assume there is no court order... is that correct? If you have a court order, please share what it says. If there is no court order, he'd have to file one in order to be granted visitation and/or placement - that's not related in any way to him filing a restraining order.
    dbac10's Avatar
    dbac10 Posts: 2, Reputation: 1
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    #4

    Jun 22, 2011, 02:44 PM
    The restraining order simply stated that I verbally attacked him and I am never civil when it comes to communication.
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    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jun 22, 2011, 02:46 PM

    Which State is entertaining a Protective Order based on someone not being civil?

    I'm not a civil a lot of time and (so far) no one has gotten a restraining order against me.

    Does he pay support? By Court Order?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #6

    Jun 22, 2011, 02:53 PM
    Quote Originally Posted by dbac10 View Post
    The restraining order simply stated that I verbally attacked him and I am never civil when it comes to communication.
    Did you not show up for the hearing to contest the RO? Are you positive the RO has been granted or are you simply reading what the father submitted to the court?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Jun 22, 2011, 03:14 PM

    Either way it means you can not be around the father, it does not stop you from being around the kids, or the kids from being around the father.

    Is he on the birth certificate ? But it sounds like time to go to court and get a court order,

    Example, if he is on the birth certificate there is no reason he can not merely keep the kids, since he is legally the father and there is no court order of custody
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Jun 22, 2011, 04:00 PM

    You really need to give us more info. First, ANY question on law needs to include your general locale as laws vary by area.

    We need to know what is the relationship between you and the dad, how old the kids are and what court orders are in place for custody, visitation and support. We need to know what is the legal paternity status of the father.

    Frankly, I've never heard of an RO being issued for not being civil. Maybe a warning, but not a fell fledged RO. We need to know what you are being restrained FROM, not just why.
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