I was recently granted joint custody of my children after years of their mother withholding them from me. On our previous visits I noticed lots of bruises, scars, scraps and cuts on them. They wouldn't say where they came from because their mother was always there. Now that I have them, they're telling me things. Like how they're always at a relative's house and two of the people there are always hitting on them. The most recent time being right before I picked them up. How can I obtain a restraining order on behalf of my children so they are not put in these situations?
Restraining orders are really just intended to remove a person from a threat of imminent harm. Now that the children are with you and divulging the information, you can call Child Protective Services (CPS), or you can take them to a pediatrician who can examine them and make an independent determination as to the causes of the injuries. If it turns out they are being abused, the physician will notify CPS. The danger here is that if CPS does not substantiate the claim of abuse, it seems like you are "crying wolf." So tread lightly. But if they truly are being abused, and particularly if CPS agrees, then you should file a motion to change custody on that basis. Sit with an attorney to get advice tailored to your set of facts. Those of us that handle these cases can better advise you of what to do.
Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.
What I am reading makes me lean toward calling CPS / informing the court. I am leaning away from a temporary protection order (TPO). TPO's are for imminent threats of harm--not for poor living conditions.
What you are being told needs to be conveyed to the court and to CPS.
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