My ex husband has a restraining order in place against my baby's father that he can not be around our children. (Ages 6 and 4)My fiancé is a recovery addict in a long term treatment facility and once he is released I want us all to be reunited. My ex husband restraining order states that our children together can't be around my fiancé who we share a 1.5 year old together. My fiancé will also be on drug court for the next 5 years. I want to file a motion to bring my fiancé back home.
There is some confusion. Does your ex-husband have a restraining order under the Domestic Violence statute against you or a no-contact order from a criminal or municipal court? Either way, an application to the Court needs to be made in order to modify the restraints. I suggest that you immediately contact an attorney and bring all paperwork with you to the consult.
I am not sure that I understand The situation. If there is a restraining order that keeps your fiancé from being near your children from your previous relationship then you would have to go to court and have the court modify the existing order. Can you explain the situation in greater detail?
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While I commend your "loyalty" and or "strength" I simultaneously ask you to seriously question your own "judgment". Haste makes waste. Before you subject your young children and you to moving in with an "addict", what's the rush? What's wrong with taking 6 months to a year to make sure that he's really serious about his recovery? It might serve to motivate him. You can still be the fiance and still be supportive but you're discussing serious offenses and you need to make him understand it's serious so you don't make a any more serious mistakes that can have lifelong implications. Think about it. Get him clean, get him employed legally, get him of the right mindset, THEN consider allowing him into your children's environment. That's caled "maturity", that's called "good parenting", that's called a "role model"...and that's "strength". Good luck.
Marrying your fiance will have no impact on a protective order against him being around your other two children. The protective order will trump the marriage.
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