Family Law Questions? Ask a Family Lawyer Online.
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.
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