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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27549
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My wife and I are separated. She is in Illinois and I am in

Customer Question

My wife and I are separated. She is in Illinois and I am in Texas. Our three children presently live with her (although they are currently living with me in Texas). I have discovered that she is now dating a man who has several violent crime convictions (domestic violence, assault and battery). He has been spending time with my children. What recourse, if any, do I have to keep this man away from my kids? Can I file a restraining order? I realize I can keep HER away from him but I don't want him near my children. We are not yet divorced. Is my only course of action to keep the kids indefinitely? Before I return them to her, I want some sort of assurance that this man is not allowed anywhere near my children. What are my options?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. I certainly understand the situation and your concern. In order to keep him away at this time, you would need a restraining order. However, it is not easy to get, because he has not done anything wrong, which would allow a Judge to enter it against him. Yes, he has a prior criminal history but that does not allow a Judge to simply order him away. Now, if you filed for divorce, then you could ask the Judge presiding over the case to order he stay away and/or that the mother not be allowed to bring a 3rd party around the children, when she has them in her care. The Judge will make the decision based upon the best interest of the children but this is a family court matter. Unless you can show he has harmed or presents a threat to the children, a restraining order will not likely be imposed.

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or concerns? I am here to help so please just let me know

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