How effective are restraining orders at keeping an abusive ex partner from obtaining sole custody of a five month old baby? My ex has a lot of money and my fear is that I won’t be able to properly fight him in family court and he may vindictively try to take my baby from me.
If a restraining order is granted that includes a child, then it would require modifying that order for the restrained party to have custody.
Ultimately , judges make the call based on the evidence. A good lawyer certainly helps, but family court judges don’t make decisions based on who the lawyer is.
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This is serious. If your ex has a restraining order against you, then there is a presumption in the law that it is not in the best interest of the child to be with you. You need a good lawyer who can rebut that evidence. I would not try to deal with this without a lawyer.
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You should definitely contact a family law attorney to discuss your options. Some of us work on a limited scope representation basis which means we only handle a certain part of parts of your case which helps keeps legal costs lower.
Disclaimer: Please note that my response is meant for informational purposes only and does not constitute legal advice in any manner. My response does not form an attorney-client relationship with you and I am not your attorney. All legal claims have a statute of limitations, which may be extremely short, so to protect yourself you should contact an attorney immediately.
I suggest you raise the issue in family court with an appropriate Petition to Establish Parental Relationship rather than bring a 'down and dirty' TRO to get quick custodial orders without the benefit of a full hearing on the merits because he definitely will NOT get full custody. You have nothing to fear.
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