Ex wife has taken son and refuses to return him. There has been a restraining order issued but the sheriffs office is still trying to locate them. Once she is served what are her visitation rights under a restraining order. She has done this before but returned him before going to court about that instance. So this being her first time of refusing what are the courts views on her visitation with the son she has refused to return to the father? Will the court change custody or will it be something that the father has to ask for? I am not wanting to deny her rights to see our son but that it be where she can not take him again and run. Would supervised visitation or day only visitation be considered or will it be joint as it is at the present time?
Family Law Attorney
Typically, when you file for a restraining order, you can check a box that states whether the minor children are covered under the restraining order. Look to see what that says in your copy. If you still have any questions, feel free to give me a call.
This communication does not establish an attorney/client relationship between Lauren Castles and the individual who posted this question. To establish an attorney/client relationship, the questioner must contact the attorney directly to set up a consultation and to sign a contract for legal services. Information posted or made available on or through the Site, including without limitation any responses to legal questions posted in Avvo Q&A, information provided in Avvo Legal Guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information") is not intended as legal advice or to create an attorney-client relationship between you and any attorney. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege.
Medical Malpractice Attorney
I would have to read the restraining order and the current coparenting order, to know what the visitation schedule would be. Surely it would be spelled out clearly by whomever wrote the restraining order.
If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others. Thank you. This response may provide information relating to potential legal issues. Nevertheless, your review of any information contained herein is not a substitute for legal advice from qualified legal counsel. For this reason, you should not rely on this response as a source of legal advice. Your use of this information does not create any attorney-client agreement. In order to become a client of David C. Lee, you must negotiate a specific attorney–client agreement with an attorney from this law office.