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My sister is trying to get a restraining order for both her…

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My sister is trying to...
My sister is trying to get a restraining order for both her and her son against her ex husband. She told my mom she is doing this because every time my ex comes around, she can't control herself from yelling and it's not good for the baby.THIS IS SO PROFOUNDLY MESSED UP, because SHE can't control her yelling, she is trying to separate a father and son.He has to go to court on the 20th and I want to help him figure out some angles to hopefully help him win this stupid case.One angle I have is that she filed a few police reports against him in the past (for example saying he was "sexually abusing" my nephew, but then she left her son alone with her ex for a week when she was in driving distance).My sister is crazy. I don't want to lose access to my nephew but I also can't sit by and let this happen.I am wondering if you happen to have any ideas or angles that I can tell her ex so that he can hopefully not get the restraining order against his son. He can't afford a lawyer.I want him to at least be able to have supervised visitation!My nephew likes his dad more than his mom. I hate that this is happening.If it matters, he is 4.Thank you.
Submitted: 8 months ago.Category: Family Law
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Answered in 4 minutes by:
9/18/2017
Family Lawyer: RayAnswers, Lawyer replied 8 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,145
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 8 months ago

There is no legal basis to grant this.No threats have been made by him towards the child, sister might get one against him and her but not the child.The visitation here will need a neutral party to pick up the child and deliver them to father and back.This would avoid the mother.Overall hold out for his unsupervised visits and no orders against the child and the mother for that matter.

All the allegations here from what you present are unfounded and should not represent credible evidence for such protective orders.He should bring as many witnesses as he can here.

I appreciate the chance to help you tonight and wish you the best.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 8 months ago
My sister is planning on lying and saying that he threatens to commit suicide in front of the son. I don't know what else she has up her arsenal. Is there any other strategy he can use? Thank you.
Family Lawyer: RayAnswers, Lawyer replied 8 months ago

Bring witnesses that know him and that he would not think that and has proper mental health.Relatives, neighbors, anyone that has seen him with the kids.

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Customer reply replied 8 months ago
He DOES have bad mental health, unfortunately. But she has a record of falsifying records, and he is really good with his son. I know he is. I watched my nephew for 2 weeks recently and he kept telling me he missed his daddy and not his mommy. Is there any other angle or anything that I can tell him? Ugh. Thank you for your help. I'm in another state but I'll be writing him a letter.
Family Lawyer: RayAnswers, Lawyer replied 8 months ago

He just presents all he has here to argue for unsupervised visits especially if he has been fine with son in the past.It would be rare to order this against him and his son, maybe the ex but not the son.

Thanks again I wish him the best.

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