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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> restraining
May 11, 2012

mens divorce lawyerQuestion:

I have a restraining order against me that says I am to have no contact with my ex-wife, so how does this affect my parenting time with my children?

There is a parenting plan in place with specific times for me to see my children, but our visitation exchange is supposed to take place at my ex-wife’s workplace.

How can I exercise parenting time and pick up my kids from my ex-wife if I am court-ordered to have no contact with her?


Mar 15, 2012

Omaha Nebraska Divorce LawyerQuestion:

I recently had a Restraining Order placed against me, which excluded me from the marital home, but I have completed it and want to move back into the house.

My wife says she is not ready for me to move back in, and if I do, she will move out with the kids.

What rights do I have to move back into the marital home since I no longer have an order of protection entered against me?


Nov 29, 1999

Question:

If it is done via certified mail, what date is it effective? I travel a lot so is it imperative that I pick it up immediately? Additionally, my wife says she filed a restraining order and when I asked what the grounds were, she wouldn't tell me. She only stated that I can read it. I have never given any reason at all for a restraining order and am wondering what the implications are for a restraining order. Is it something I should contest?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Tennesee. I do not know if that is an effective service method in your state. I suggest you get a copy of the Order and review it carefully. I do suggest you seek counsel immediately to answer your question about the alloted time to respond, and to determine if you should contest the order. In general, you should contest this issue, especially if there are children involved. The Restraining Order can impact a custody decision by the Court.

Nov 29, 1999

Question:

My wife and I have been separated for almost three years. During the custody battle, my wife wrongfully accused me of abuse in order to get full custody of or 3 children. She has tried to prove her case in 3 different courts(Long Island, Queens and Brooklyn). All of them were thrown out since there was no evidence - only accusations. This process took an awfully long time as we were trying to get a final custody order. My wife refused to sign the final order unless I agreed to a voluntary order of protection without admitting any guilt on my part. My lawyer advised me to sign just so we could go on and so I did. At this point, however, it is increasingly more difficult for me to arrange any kind of communication with my children. She often turns off their cell phone (which I pay for) and constantly passes angry messages though my children. My 10 yr old son is usually the one that gets involved and he is very uneasy with this role. I have no way to communicate with her or her family and that's very frustrating when, for eaxmple, I am stuck in traffic and might be late for pick up (public place) or need to get my son involved in conversations that are not pleasant . Therefore, I would like lift this order.What arguments are valid in lfting such an order?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of New York. The chances of getting the Order vacated (lifted) are slim. But you do have a few options. One is try to modify the Order of Protection to allow you to communicate with her, relative to your children only. Second, you can file a Motion to Modify your custody arrangement based upon the change of circumstances (failure for her comminicate with you, involving the children, etc.). I suggest you contact an attorney to discuss proceeding with these options. Good luck.

Nov 29, 1999

Question:

I am a married man of almost eight years. My wife and I have two children (boys) ages 5 & 7. For years now, my wife has been saying how unhappy she is with our marriage. We have been to counseling without any positive results. When we argue, she will use profanity in reference to me in front of the children. She has, on many occassions, called me a moron, idiot, ignorant, plus many more very hurtful things the children do not need to hear. For the first time though, this morning while the kids were getting ready for school, she actually hit me in the face with her hand - gave me the middle finger - and said to get out of her face. Again, all in front of the kids. I have tried my best to let her know she has a problem with her temper being very short, they way she speaks to me in front of the children, the way she treats me in public with friends and/or strangers. I want to have some kind of official record of the hitting that took place this morning. I know our marriage is over. What options do I have as far as who can I report the physical contact to? Where can I get legal help? (I have very little money) Where can I get emotional support? (kinds of support groups)

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Michigan. I suggest you contact the police in the event this occurs again. They may not be willing to take a report now about the previous incident. Also, in the event this continues, check with your local courthouse regarding what may be called an Adult Abuse Order or Order of Protection to prevent her from continuing her abusive behavior. As far as support groups, contact your local United Way agency or Catholic Charities. Both organizations keep a list of support groups that may be of help to you at little or no cost.

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