Kirk Adams : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
Customer: I'm not sure at this point if they legally can have my children taken from me
Kirk Adams : IF your boyfriend is not a registered sex offender and does not have any restrictions on him that would cause him to be prohibited from being around the children, then there should be no grounds to take your children away.
Kirk Adams : You can't really stop your dad from contacting the father of the children, but you can stop him from harassing you.
Kirk Adams : If he will not stop voluntarily, then you can file harassment charges and get a restraining order against him to stop any contact from him.
Customer: The restraining order I did plan on getting put into place on Tuesday. Do you know if there is a fee to have this done?
Kirk Adams : There is usually a filling fee and a fee to serve the papers.
Kirk Adams : I can't say what the fee is as it varies from county to county.
Customer: In regards XXXXX XXXXX dad continually talking to other people about the prior conviction is a gag order able to be obtained since he is no longer required to register?
Kirk Adams : Probably ca't stop him from giving his opinion to others.
Kirk Adams : A gag order is to stop any privileged information from being leaked.
Kirk Adams : There is really nothing privileged about this - - so a gag order likely wouldn't be issued.
Kirk Adams : If he's knowingly making FALSE statements about your boyfriend and passes it off as true, then he could be sued for defamation over that.
Customer: Is there anything that I should do to prevent the children's father from trying to keep them from me?
Kirk Adams : Well, you can't stop the father from trying, but he should not be entitled to have custody modified unless there's proof that the children are in danger.
Customer: Okay thank you
Kirk Adams : If he's not a registered sex offender and has no restrictions on him, then a conviction from years ago likely isn't enough to give him grounds to seek a modification of custody.
Kirk Adams : THANK YOU for allowing me to assist, and if you have any additional questions, please let me know.
Customer: Thank you.
Kirk Adams : Sure.