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Adding children from a previous marriage to a current DVI

Tampa, FL |

I have teenage boys from my 1st marriage and two toddlers from my second. I was just granted a 5 yr DVI against my husband but the paperwork makes no mention of my teenagers. How can I get this remedied? He can't come near me and my toddlers but there is nothing currently stopping him from getting near my older children. It just doesn't make sense and I don't trust him as he knows the best way to hurt me is through my kids. What can I do?

Attorney Answers 6

Posted

If they are not his children, he already has no right to come anywhere near them, and you can prevent it.

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

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Posted

Heather is correct. I was going to add one more thing but given the ages of all children, he probably is not the natural father.

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Posted

I agree with my colleagues. I don't see how he is going to bother you and/or violate the injunction by going near your teens. I would need more information about the basis for the injunction, however, under the right circumstances you could amend the injunction by motion to include the teens if you were truly afraid of your former husband, etc. Hard to tell from the information that you have provided....

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Posted

You can file a motion to amend the injunction. Or if he begins threatening them, I am reading between the lines, about what you are afraid of here. You can always request an injunction for the children on their behalf. You would file it on their behalf as "next best friend". If it becomes necessary, the Clerk at the Domestic Violence Intake should be able to explain what that is and how you would complete it. It would require some type of overt act or threat of violence for you to get this. You really need to consult with an attorney in person. You were not very specific about what happened for you to obtain the injunction and if the other children were involved in the incident. Rather than post specifics on this public forum, you should consult with an attorney. Most of us offer a free initial consultation. Good Luck.

Sincerely,
B. Elaine Jones, Esq.

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Posted

In my opinion, this is not as simple as it might seem. And "paperwork" has nothing to do it, although that might be the way you see it. If you were granted a DVI that "covered" the toddlers then you either filed it on their behalf or the judge granted only certain visitation rights with regard to those children because they are his children. It makes sense that the teen-age children would not be "covered" by the injunction because they probably weren't named anywhere in the petition. And, unless he was a danger to those children, the court may have declined to order him to stay away from them. So there is presently an order that keeps him away from you and your house and your job, but nothing at relates to those teen-agers, so in theory, he could walk up to them in the street somewhere and not be in violation of any order. Now to "remedy" this as you put it, you have to get before the judge and convince him that he's a danger to the teenagers as well, which you might have a hard time doing unless he has actually hurt them, in which case you should have filed on their behalf, which nobody knows to do. If I were you, ma'am, I'd get a lawyer and do what he/she says. As I said, in my opinion, it's not a simple as some of the other lawyers have made it out to be.

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Posted

file a separate petition on their behalf

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