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Ok, so how do you go about getting a restraining order from an ex whom you share custody with?

But my ex only sees his kids when he gets a wild hair up his butt not scheduled visits like on our divorce decree. He is supposed to be allowed to see them 2 nights a week overnight. I am afraid that anything I do, he will want to see them more for retaliation.

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JackieGirl007

Asked by JackieGirl007 at 7:46 PM on Mar. 31, 2011 in Relationships

Level 35 (73,191 Credits)
Answers (3)
  • You can get a restraining order on you and not the children but you need to have justification to do so. Is he threatening to harm you or harassing you in some manner?

    thecoffeefairy

    Answer by thecoffeefairy at 7:49 PM on Mar. 31, 2011

  • he cannot see them more unless it's on the order, or he goes back to court to fight for more visitation time. for rest. order u need legit proof of what he did, go to the magistrates office and file for emergency one, that's what i did when he threatened to kill me.
    knicole0708

    Answer by knicole0708 at 7:49 PM on Mar. 31, 2011

  • If he's not seeing them often enough to maintain a relationship, take him back to court. It's called "Motion to Amend Visitation Order". If you'd like to get sole custody, also file a "Motion to Amend Custody Order". Explain to the judge that he is not exercising his visitation and that it's hard for them because he's not present on a consistant basis. Decide what you think is reasonable and request it be changed to that. Even if it's supervised visits by someone you mutually agree on.

    If he has been violent and that's why you want a restraining order, you need to go to the courthouse and file a protective order. You can go to magistrate and request an emergency protective order which goes into effect immediately and then you have a court date within 72 hours to determine how long it stays in effect. If you get it approved for you, it's standard that he have no contact with anyone who lives in your house or who is related.
    huntin_mama

    Answer by huntin_mama at 8:37 PM on Mar. 31, 2011

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