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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32548
Experience:  Began practicing law in 1992
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There is a stipulation in my boyfriends custody agreement with

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There is a stipulation in my boyfriends custody agreement with his ex-wife stating that I am to have "no contact" with their 2 children, yet i was never served with any papers, or given any notification of a no contact order. Do i have a right to fight this? My boyfriend and his ex-wife have joint custody of the children, he and i use to live together, and because of this i was forced to leave my home (legally his house). Him and I want to be together, and he does not want this no contact order to exist. What can I/we do?
Submitted: 6 years ago.
Category: Legal
Expert:  Dwayne B. replied 6 years ago.
You can fight it, but you don't have to be served with it because it is really directed more to him (at least it sounds like it). It would be much more appropriate if he would fight it along with you. He will need to file a Motion to Modify the order and then seek to have it withdrawn.

Any idea on what the judge was told to justify it?

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 6 years ago.

This order came into play based on an incident that involved a physical altercation between him and I while the children were present. The mother of the children viewed this incident to be "harmful to the children", even though she was told about the incident by a third party.. therefore in my opinion she had a skewed image of what really happened right off the bat. There were police officers who responded to the incident, for the sole purpose of helping to look for lost keys on the side of a snowy highway. No one was arrested, and to the officers knowledge the children were sent home with the 2 of us (my boyfriends friend ended up taking the kids to their mothers house afterwards, without any direction by the police to do so). In my opinion, those 2 things (no arrests, and the children being allowed to go home with us) clearly point out the fact that the children nor anyone else were in harms way. We were not even given a police report!! We obtained a copy of the report on file, which says nothing about the physical altercation and nothing that incriminated myself or my boyfriend. This woman (his ex-wife) has had a problem with me from day one and would do anything to get me out of the picture, even though she herself is re-married. Any time there is an issue between her and my boyfriend concerning the kids and arranging their schedules, any time that my boyfriend will not cater to her wishes, she brings my name up as being the reason that he won't "do things for his kids" (such as drive them around to extracurricular activites on nights that the kids are scheduled to be with her... to me this would be considered doing HER a favor, since if the kids are suppose to be with her then that is her responsibility on that given day). When his ex-wife filed to modify their custody agreement to include the no contact order, he had filed for an enforcement of their agreement because she withheld the children from him based on the belief that i was going to be around the children. At this time there was no court order saying that i couldnt be around the kids. He was merely cooperating with her, because we had decided to take a break for a while to see if we still wanted to be together. The judge did not even address the fact that the kids were being withheld from him for 2 whole weeks! His ex-wife also lies to the children to make him look bad, and any time that he doesnt see the kids even if just for a day, she tells them that its because he is with me, and that he is choosing me over them. In my opinion she is emotionally abusing her own kids by putting them though this, and telling them lies. I think that sums up the situation for the most part... is there anyway to prove that she just wants to make our lives hell based on her hatred for me?

Expert:  Dwayne B. replied 6 years ago.
It actually is not that unusual a fact situation, believe it or not. Unfortunate, but not unusual.

All you can do to overcome it is to file another Motion to Modify OR get married and then file a motion to modify.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 6 years ago.
if him and i were to get married.. how likely would it be for it to get overturned? it is usually a pretty simple thing to do considering that marriage is a legally binding contract, and the court cant really order 2 people to get divorced. Or would they look at it as him choosing me over the children? I heard that once before that marriage would be an option for us to get it changed without much of a fight from the court.
Expert:  Dwayne B. replied 6 years ago.
Usually it wouldn't be much of a chance but a lot depends on what the order says and the judge you're in front of. Some will not even consider such an order when you're married without a lot of evidence, some are more strict. As a general rule it puts you in a better position but you definitely need to talk about it with the lawyer.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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