[Kakammp]

My nieces mother has put a restraining order against her father, she would like to be in her fathers care and the mother lives in West Virginia and the father and child reside in Massachusetts. The child is 15 going on 16 in October. So I guess my question is how do you reverse this order? Also the father and child under the restraining order are not allowed to contact each other so I am trying to advocate for her

[stinawords]

While I would like to be able to shed some light on your situation, I am very confused by your question. You said that the father and child are in Massachusetts. The child wants to be in the fathers care. Isn't she already if living with him? Are you wanting to know how he can get this done on paper not just informally? If that is the case he needs to go to court to petition for a change in custody based on the fact that the child is now living with him. He can show proof in a number of ways. If this is not the case please let me know because, like I said, your post wasn't very clear.

[cdad]

How can she be living with her father and at the same time have a restraining order that is active? Also what happened that caused the restraining order to be generated ?

[Kakammp]

She is not living with her father. She is living at her father's friends house and they are not allowed to see each other or even contact through written letters. The mother had to put all the children into the order or the courts wouldn't have agreed to it. I'm assuming that is because if he is stable enough to see one child then why not the other two.

They are going through a nasty divorce they moved out of state then the mother and father separated and the mother has a new boyfriend.

[cdad]

If the child is a minor then how can she not be living with either parent? This situation sounds very odd to me. What was told to the courts that made them beleive he was unstable?

How long after the mother left the state was the divorce filed ?

[talaniman]

Are you saying she ran away from her mothers house?

[J_9]

Who actually has legal custody of the child in question?

[stinawords]

If the mother has been granted physical custody (which it appears she has) the minor child should be living with her mother not at her father's friend. Did she run away? If so advise her to move back quickly. Did the mother give permission for the move? Still in order for custody to change the father would have to want custody first. Then he would have to prove to a court that the children are better off with him even though the court has already decided they are not. Have you been in contact with the father?

[Kakammp]

The mother gave her permission because they were not getting along. The father wants custody but he's just not sure how to get started. We are not sure of the legality of it because he isn't allowed to be around her. I am trying to help them at least get the process started.

[talaniman]

The process starts with legal consultation from a local lawyer, often with no charge, by the father. The mother's case is undermined I feel with granting permission to live with friends (NOT relatives?) in her fathers state, and that's an issue of both custody, and the function of the restraining order.

The matter of jurisdiction is also a major issue, as his not being at the hearings, or represented in the first place may have been a big factor of her successful custody and the issuance of a NO CONTACT order. I see no success without legal counsel. Just repeating an obvious MISTAKE from the first battle.

That's just the proper process if he wants to win his case.

[cdad]

We need some kind of timeline to help here. When was the divorce filed for as far as the mother moving out of state? It really makes a difference in what answers your going to receive.