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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 823
Experience:  9+ years of experience in divorce, custody battles and mediation.
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Can i file a temporary restraining order mother of my

Customer Question

can i file a temporary restraining order for the mother of my daughter not to be able to physically abuse my daughter. we both pay child support to my daughters grandmother since she has sole gaurdianship. my visitation rights are at the discretion of the grandmother but the mother has standard visitation rights
Submitted: 7 months ago.
Category: Family Law
Expert:  originallawyer replied 7 months ago.

If you think the mother of your child is abusing your daughter, then you'd need to file a motion to modify for the court order, along with a petition for a temporary restraining order. Depending on what you allege as abuse, a Judge will make the decision. You might also want to notify Child Protective Services or the police if the abuse is ongoing.

Customer: replied 7 months ago.
I have already opened a CPS case against the mother for committing the abuse and the grandmother for being an accessory to the abuse. I wasn't sure of my rights as a father with visitation only at the grandmothers discretion because she has proved herself to be good to me one minute and lie to me the next minute. So I just need the motion to modify and the temporary restraining order to be able to keep her mother from hurting her again?
Expert:  originallawyer replied 7 months ago.

Yes, you have rights as a father to start the process. But, nothing is guaranteed. The Judge will rely on any testimony of the CPS worker (you may need to subpoena them to have them appear) and your testimony and any evidence you have. So hopefully you have documentation of the abuse (pictures of bruises or injuries, etc), because without evidence or documentation, it will be a case of "he said, she said", and Judges have a hard time making informed decisions when it comes down to that.

Customer: replied 7 months ago.
I don't have documented proof of it. I only have the cries of aggravation and pain from my daughter pleading to not have to go home because she wants to live with me. The most recent time that she was to go back to her grandmothers she talked to her on the phone earlier that day. The grandmother had gotten my daughters anxiety so high she could not stop crying and was having a hard time breathing. I took her to the ER and she had suicidal / homicidal thoughts so she was admitted to a Psychiatric Hospital for Acute treatment. She told me yesterday that her grandmother called her to tell her she would be discharged today or Tuesday. However the Hospital would not volunteer any information regarding her discharge. She told them I was the problem and I am just trying to keep my daughter safe. I'm confused on how the hospital will withhold information from a 15 year old girl's father.
Expert:  originallawyer replied 7 months ago.

If your daughter is 15, you can ask the Judge to speak with her in the Judge's chambers. She's old enough to tell the Judge who she wants to live with and why. Regarding medical information, your existing court order may have put a prohibition on you getting medical information. If it doesn't, take the order to the hospital and tell them that as you are the child's legal father, you have a right to that info.

Customer: replied 7 months ago.
My daughter is back at her grandmas house now. She was released to her because she is the legal guardian. Since my daughter has been home I've learned that her grandma had my daughters phone disconnected. Her grandma also disconnected the Internet and changed the locks on the house while refusing to give my daughter a key. The deadbolt doors in the house only unlock with a key. They also installed a security system. Knowing all of that, I gave her an MP3 player at the beginning of last month. She found a recording option on it and recorded conversations that have vital information to assist me gaining custody. How can I have the MP3 Player legally removed from her house not excluding the option of taking the police with me?
Customer: replied 7 months ago.
They also turned off her stepfathers phone because he was letting my daughter call me on it. So in essence, her stepfather was helping her any way he could
Customer: replied 7 months ago.
Once they found out they disconnected his phone. He knows what is going on as well but is too scared of his wife and mother-in-law to say anything to them or in front of them
Expert:  originallawyer replied 7 months ago.

Well, if stepfather is an adult, he can get his own phone. Presuming he can come and go as he pleases, your daughter could get the MP3 player to him and he could give it to you.

She might also be able to mail it to you if she's ever allowed out of the house on her own (like going to school or something).

If and when it comes to a custody issue, you can ask the Judge to order that the MP3 device is turned over, or have your daughter bring it with her when she comes to court to talk to the Judge.

Customer: replied 7 months ago.
What would an affidavit look like for that
Expert:  originallawyer replied 7 months ago.

You would ask for it in the "discovery" process. In cases like this, you're allowed to ask for documentation relating to your case. Your local law library should have a copy of the Discovery Request your state uses. You might want to get it before then, however. If the other parties find out it's important, the recordings might mysteriously disappear.

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