Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

There is a stipulation in my boyfriends custody agreement

Customer Question
with his ex-wife stating that...
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: 7 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
4/1/2010
Family Lawyer: JD 1992, Lawyer replied 7 years ago
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,188
Experience: Began practicing Family Law in 1992
Verified
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 He will need to file a Motion to Modify the order and then seek to have it withdrawn.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.
Ask Your Own Family Law Question
Customer reply replied 7 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?

Family Lawyer: JD 1992, Lawyer replied 7 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.
Ask Your Own Family Law Question
Customer reply replied 7 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.
Family Lawyer: JD 1992, Lawyer replied 7 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.
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,188
Experience: Began practicing Family Law in 1992
Verified
JD 1992 and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask JD 1992 Your Own Question
JD 1992
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,188
34,188 Satisfied Customers
Experience: Began practicing Family Law in 1992

JD 1992 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,867 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,390 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,389 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,779 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I have joint custody but full physical custody of my
i have joint custody but full physical custody of my daughter. she is 14 and decided to stay at her gradparents and wont come home now. and the cops are not helping what can i file to get her back and… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,679 satisfied customers
Me and my daughters mother have joint custody i get her 1
me and my daughters mother have joint custody i get her 1 week and she get her 1 week. daughter is 16 year old and she has been staying with me ever since oct 1st. she says that she cant live with her… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,109 satisfied customers
My boyfriend has joint custody of his daughter but her
My boyfriend has joint custody of his daughter but her mother has her most night , we are moving out of county and want the schedule to change one week for each parent, she is still in daycare and we … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,909 satisfied customers
I have joint custody of my 11 year old son with his mother
I have joint custody of my 11 year old son with his mother being the primary while I have him on my weekends if he is with my girlfriend that lives with me and her 3 kids which my son loves to play wi… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have joint custody of my dauther who is 8 and her mother
i have joint custody of my dauther who is 8 and her mother has physical custody her mother wants to move away to another state 220 miles away what are my rights and as it sounds she is willing to leav… read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,456 satisfied customers
Can a parent who shares joint custody with minor child take
can a parent who shares joint custody with minor child take a child out of state without permission or notification to other parent? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,909 satisfied customers
Does a No-Contact Order have to be placed on both parties?
Does a No-Contact Order have to be placed on both parties? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,528 satisfied customers
I have a closed parentage plan of joint custody for my
Hello! I have a closed parentage plan of joint custody for my daughter. It has been closed one year. However i am needing to file for full custody due to circumstances that I feel she is unsafe with h… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,779 satisfied customers
I have a joint custody visitation agreement that took effect
I have a joint custody visitation agreement that took effect on 11/01/2017. I am the custodial parent and the other parent gave the court an address that is in Sacramento ,CA. He was suppose to move b… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,909 satisfied customers
In state if there is a no contact order between a child and
In Washington state if there is a no contact order between a child and a parent but the petitioner allowed the child to see the responding parent on several different occasions even though the parent … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,389 satisfied customers
If the parties have joint custody one having physical
if the parties have joint custody one having physical custody, but both have 50/50 on visitation , and one is treating to take the other to count to take away only seeing he son every other weekend , … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,909 satisfied customers
How can the mother change joint custody to full custody? In
How can the mother change joint custody to full custody? In 2014 father and mother were incercarated, she got out in 2015 and the father doesn't get out until 2020. They weren't married but agreed on … read more
JD 1992
JD 1992
Lawyer
34,188 satisfied customers
I'm divorced with joint custody and rights to medical
I'm divorced with joint custody and rights to medical information. they live in another state. My ex sent our 6year old daughter to see a counselor regarding her behavior.. i would like to speak to th… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,867 satisfied customers
I have a question about a no-contact order in Florida. There
I have a question about a no-contact order in Florida. … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,779 satisfied customers
I got divorced in 2004 and remarried. I have joint custody
i got divorced in 2004 and remarried. I have joint custody of 2 kids from first marriage. I have been married again with my current wife for last 9 yrs and now she wants to divorce and wanting to get … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
We share joint custody of 2 granddaughters with the other
We share joint custody of 2 granddaughters with the other grandparents since Aug. 2011. Our son passed away March 2013. The mother has been in at least 12 to 13 rehabs since 2002, the last being in 20… read more
Michael Bradley
Michael Bradley
JD
1,144 satisfied customers
If that is a petition for modification of joint custody
If that is a petition for modification of joint custody pending in the court can I still try to exercise my visitation until the matter is not resolved… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,783 satisfied customers
Texas mother and I have joint custody she recently died and
Texas mother and I have joint custody she recently died and grandmother has child how can I get them back… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,025 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x