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Visitations and restraining orders

my sons father filed a restraining order on me, because I filed possible abuse papers on him regarding possible abuse on my son. The day he got served his court papers he retailiated by filing a restraining order on me. During the restraining order case I brought all my phone records proving I did not call him and threaten him, they granted the restraining order anyways even though I brought proof that I had not called him on the day he claimed that I did.

Also we have a parenting plan out of a different court, from where I used to live stating that drop off is at my parents home, because my parents give my son to his father because he purposely lies and fabricates stories just to get me in trouble. Now on the restraining order, I just received in the mail says I have to drop my son off 45 minutes away for his visitation and also drive back to pick him up, this was not discussed in court, I just received the order today. Also the police were he resides in called me today saying I was supposed to drop him off today when I didn't even receive the papers until this afternoon. Also I have a medical condition were I am not able to operate a vehicle. Help and what should I do.

Answer Question

Asked by ashleypalomba at 6:38 PM on Mar. 15, 2011 in Preschoolers (3-4)

Level 6 (115 Credits)
Answers (12)
  • Right now that custody order supercedes any other order or agreement. he got one on you basically. You have to follow it to the T and believe me he is probably also going to go for custody now. Anyway, go see a lawyer as soon as you can. Its all you can do.

    Answer by gemgem at 6:41 PM on Mar. 15, 2011

  • Get your parent to come pick your son up.

    Answer by louise2 at 6:42 PM on Mar. 15, 2011

  • Get a lawyer.

    Answer by amybaby_19 at 6:45 PM on Mar. 15, 2011

  • Well apparently he doesn't want custody of our son, obviously I don't know how he got away with lying. I did file in court to change off the drop off locations. And no my parents cannot drop him off both my parents work everyday and work full time, also my husband who I am married to work full time to support my son and I so nobody is here to drop him off, the father and his mother do not work, and they know I do not drive, and have agreed to pick him up at my parents in the parenting plan filed in the other court.

    Comment by ashleypalomba (original poster) at 6:50 PM on Mar. 15, 2011

  • The parenting plan is out the window now. I had joint custody of my kids & got a restraining order against my ex in a different state that gave me sole custody. He tried to take me to court for contempt and lost. Once a new court enters an order that supercedes anything else. The only thing that you can maybe do is file contempt actions in your county showing he filed for modifications of the agreement in the wrong courthouse.

    Answer by gemgem at 6:55 PM on Mar. 15, 2011

  • You can object to the order. At least in Michigan you can. Judges usually make it the easiest way possible for BOTH parents. Did you happen to miss a court date and they just granted him what e asked for?

    Answer by Momto3inMI at 6:59 PM on Mar. 15, 2011

  • And call Legal Aide. You may be able to get a Lawyer for free.

    Answer by Momto3inMI at 7:02 PM on Mar. 15, 2011

  • No I showed up to the restraining order case, and he tried lying saying I wasn't letting him see his son, and the judge said he wasn't there for that matter just for the restraining order case. then I got the order in the mail saying the parenting plan shall stay in effect that is out of another court, which states off drop off location is my hometown because I am deemed legally handicapped and it states in paperwork that I am unable to operate a vehicle. Also he lied to get a restraining order I brought all phone records in and also he changed his story to the judge and they still granted it.

    Comment by ashleypalomba (original poster) at 7:07 PM on Mar. 15, 2011

  • I would get a lawyer.

    Answer by Hatsumomo at 11:53 PM on Mar. 15, 2011

  • Already talked to a lawyer he said I can appeal it, and he pretty much said that what the judge did was dirty, because I presented all my phone records, email conversations and the receipt of him getting served. And when I got my order today the only reason why they granted the restraining order is because my sons father filed a restraining order on me in 07 which was dropped. but thats the only evidence the judge used that was supposedly credible to issue the order.

    Comment by ashleypalomba (original poster) at 12:09 AM on Mar. 16, 2011

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