Ex didn't show up for divorce court & abandoned our kids 3 years ago, hasn't paid a penny to support them, has been in and out of jail, etc., to the point where I didn't know if she was even alive. Now she is showing up unannounced & wants visitation. I know the onus is on her to modify custody but she would have to submit to a drug test & would likely fail. Not sure how to transition the kids after 3 years of her choosing to be out of their lives & since final court order reads any visitation is at my discretion & would be supervised, can I get a restraining order to stop her from coming to the kids events unannounced until there is a slow transition for her to be back in their lives, assuming she is even CLEAN, which looks doubtful? She showed up last week & it really confused my daught.
This would not be a legal basis for an injunction. To modify a parenting plan, your ex would have to show a substantial, unanticipated and material change in circumstance and that they change is in the best interest of the minor children. Given the amount of issues in your case, you should discuss the enforcement of child support and your children's relationship with their mother with counsel.
Sandy T. Fox
Board Certified Marital & Family Attorney
This is a very difficult question to answer. I do not think you would get an injunction, but I do think you should file a Motion to Set Limited/Supervised Time Sharing in the Divorce case and tell the Judge just what you said here. The family court is better suited to handle these situations. Good Luck.
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What you need to do is set up an appointment with a local attorney about this problem.
R. Jason de Groot, Esq.,
I agree with my colleague that you will most likely not obtain an injunction if there is no domestic violence. However, the family law court has the ability to order some sort of phase in contact so that the children and your ex are reunited. Best of luck.
This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.
I think that the court will grant you relief and assist with helping phase the parent back into the children's lives. I don't think that you can keep the parent away with any type of injunction because there doesn't appear to be a basis for one. You should definitely retain an attorney to assist you with this delicate and important task. Good luck.
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