Based on the facts you present, it sounds as if you have a basis for requesting a change of custody with the court. I strongly suggest that you consult with local counsel regarding your rights and the steps you need to take to pursue a change in custody. Good luck!
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
Any time you have changed circumstances you can petition the court for an order modifying custody. The restraining order would stay in effect but you would likely have to see him during court proceedings. You will be required to do a mediation session and so will he, but because of the restraining order you will do the session at different times. Look over your restraining order for how custody was ordered for the duration of the restraining order, as the judge may have already done custody modification if you requested it in the request for the restraining order.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established..
Based on the facts presented, you may want to consider filing for sole physical and sole legal custody of your daughter. There is no need to wait until your five years are up. Normally, custody orders are part of the restraining order when children are involved. I am somewhat surprised that there are no custody orders already giving you sole legal and sole physical custody. Is your daughter listed as a protective person in the retraining order. Based on the facts presented, she should be.
Sign up to receive a 3-part series of useful information and advice about child custody law.