i Have a daughter and i want to go for custody of her along with the divorce
Thank you for your follow-up.That is actually good news. If you were going to be charged or pursued for the assault, then those grounds can potentially be used against you by your soon-to-be ex by attempting to show you as violent and as someone who is unfit to have custody. Factors that the courts tend to look to are:history of abuseneglectdomestic violencedrug usealcohol abuse mental illnesscriminality (record/history/parole/probation)moral turpitudecharacteristics of the proposed homeAs you can see, it is in your best interest to contest the restraining order if it will be coming against you, as that will also affect your fitness. You also can review that list for potential claims that you can make against your ex. When you file for custody, you also have to attack her fitness and those factors are how to do it. This is the best method in seeking custody because the courts look to what they see as in the 'best interest' of the child when they make a custodial decision, and one of those factors is the fitness of the parent who is going to take on and become the custodial parent.In terms of the divorce, you can go to the county courthouse and obtain a divorce packet from the clerk. The packet will also contact petitions for custody for the child. I strongly suggest that if you are expecting conflict and trouble, for both the restraining order and the divorce obtain counsel to assist you. As a man you are already somewhat disadvantaged, so you would need any edge you can obtain. Consider browsing the listings at www.avvo.com and www.martindale.com for competent counsel.Good luck.
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