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lwpat
lwpat, Lawyer
Category: Family Law
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Experience:  Practicing family law attorney
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A policeman just came to my house to inform me that he has

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A policeman just came to my house to inform me that he has a restraining order against my husband, Daniel (for my 10 year old son Sebastian) issued by my son's dad, James.
James and I have 50/50 custody for Sebastian and have had no problems for the past 4+ years with this arrangement.
This past March I filed taxes and claimed 1/2 Sebastian. This made James very upset that his tax return was not big enough and he made up a story that Daniel hit Sebastian and he put a RO on Daniel. He also wants an Emergency hearing for Full Custody.
The furst problem is that Daniel and SebastXXXXX XXXXXve with me and I need Daniel's help with our 2 babies (one newborn by C-Section.. I'm in recovery). JAmes knows this and wants to use the situation to gain Sebastian full time as he thinks that Daniel and Sebastian can't be in the same house as of RO.
How do we proceed?
Can this made up RO stand? I witnessed this so-called "hitting".. there was none.
Can I lose my child/children? HOw long is the proces
Submitted: 4 years ago.
Category: Family Law
Expert:  lwpat replied 4 years ago.
What you will need to do is to file a petition to have the restraining order lifted. The custody order should specify how the taxes are to be handled, usually you alternate years. He can ask for an emergency hearing and you can contest. It will be up to the judge but he will need more than just his word. There should have been a hearing on the restraining order before it was issued. Since that did not happen you will now have to ask for a hearing on the order.
Customer: replied 4 years ago.
There should have been a hearing on the restraining order before it was issued... OK, so that is something to look for when the policeman delivers that actual RO to my husband today or tomorrow?
Meanwhile he should find another place to live? or is there a time that he can be around our son and then leave? I imagine that would be specified on the RO.

Inorder to get full custody, my ex has to prove that I am unfit, is that correct?
Expert:  lwpat replied 4 years ago.
In order to get full custody, my ex has to prove that I am unfit, is that correct?

Or that there has been abuse of the child while under your care and control.

There should have been a hearing on the restraining order before it was issued

That varies depending on the judge. Most will not issue one without some evidence or a hearing, not just on someone's word. You will just have to see what is in the RO.
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25384
Experience: Practicing family law attorney
lwpat and 3 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
In the meantime, If we are unable to pick up Sebastian on our week b/c of the RO. And there is no way to get in contact with the dad to pick up Sebastian from day care. Are we obligated to make arrangements to have him that week? If the dad is purposfully being incommunicato? Or can I send a letter or email, showing the conflict of logistics? and could this be an obligation on the Dad's part to pick up Sebastian?

Since, Sebastian has siblings on our side, it would be in the best interest for Sebastian to stay with us? Proven that there is no abuse..

I heard we should compile a list of the Sebastian's home environment to defend our case. Would this be necessary for this first hearing?
Expert:  lwpat replied 4 years ago.
Normally at the temporary hearing there is no testimony, just the submission of sworn affidavits and arguments by the attorneys. You need to get as many sworn affidavits from friends and family as possible and also from the daycare person if she will take your side.
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25384
Experience: Practicing family law attorney
lwpat and 3 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
I just received a letter from James (my ex), although the RO has not been yet opened. Is it wise to open the letter or simply return to sender unopened?
He also just emailed:
"I will require having sole parental responsibility. There will be
visitation with you and your children, and only in public places.
I will need you to give me his passport and require you not to leave
Hillsborough County with him.
Everything in writing.
Otherwise the court will determine the outcome."

Until a judge dfetermines this, should I follow what he demands here?

THANK YOU!
Expert:  lwpat replied 4 years ago.
You can open the letter. Unless ordered by the court, you do not have to do anything. Contact an attorney on Monday and have the order stayed pending a hearing.

Meanwhile he should find another place to live? or is there a time that he can be around our son and then leave?

Until he is actually served with the RO it is not effective. Often this is a ploy used by one party to try and influence the judge's decision on custody. The judges usually see right through it.
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25384
Experience: Practicing family law attorney
lwpat and 3 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
I can sleep tonight thanks to you!
Thank you....
Customer: replied 4 years ago.
My ex husband, JAmes and I have rotating schedules re our 10 year old son, Sebastian.
Today, I am supposed to pick up Sebastian from school, but just received a call from the school that he is absent. James is not answering his phone.
A few years ago he took the child out of school and without informing me, took him for a few days across the country until I filed a kidnapping report. Then he brought Sebastian back.
How should I proceed right now? Is it too early to intervene? I do not know where Sebastian is and I can only assume that James wants to make sure that Sebastian has no contact with me or my current husband Daniel against whom James put a restrainig order.
Expert:  lwpat replied 4 years ago.
I would immediately file a contempt of court action against him. Include in it that he has fabricated this restraining order as an attempt to circumvent the custody order.
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25384
Experience: Practicing family law attorney
lwpat and 3 other Family Law Specialists are ready to help you

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