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Author Topic: Restraining order  (Read 3445 times)

808

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Restraining order
« on: Feb 24, 2006, 09:27:50 AM »
I have i Question i hope someone can answer.

  a court grants temp custody to my ex because of a restraining order  and she moves court alowed the move also. I won the restraining order case but the court has alowed the move to happen. Is there anything i can do ? I filed a custody parenting plan already so am i going the right way on doing this


mishelle2

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RE: Restraining order
« Reply #1 on: Feb 27, 2006, 09:31:07 AM »
post your ? on socrateasers board, he is in CA.. and go have a consult with an attorney, most offer free consults...

FL_48603

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RE: Restraining order
« Reply #2 on: Mar 06, 2006, 04:54:59 PM »
>>a court grants temp custody to my ex because of a restraining order  and she moves court alowed the move also. I won the restraining order case but the court has alowed the move to happen. Is there anything i can do ? I filed a custody parenting plan already so am i going the right way on doing this<<

Good that you prevailed in the TRO - but it is as much a smoke screen as it is a danger to you and your parental rights.  In other words - it gets thrown in so you are so busy fighting the restraining order that you neglect the main body of points raised in the motion.

Now the restraining order is out of the way - you need to address the moving of your child.

You should fight like the devil is on your back to keep the BM from being designated the custodial parent and you should fight the moving of the child out of the child's home.

The best you might start out with is demanding 50/50 custody in mediation and don't stand down off the point demanding 50/50 with stipulated "time-share" with the child equally and justly devided between the partys.

BM will try to argue that she needs to be the custodial parent because of social services, medical, etc.

Fight this on the grounds that it is in the best interest of the child to maintain the constancy and attachments already established in your home and in the child's environment with you.

You should address the moving of the child in your motion before the court (or your reponse to the opposing party's motion).

 

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