Can a father still file for child custody if theres restraining order against him from the mother of the kid?
The mother of the child doesn't want anything to do with the father of the child. She files a restraining order against the father while she is pregnant. Can the father still file for custody of the child even with the restraining order against him? If so, what if there is a restraining order against him from the baby?
Answers:
yes
Yes thank god, I have custody of my son now so I know it can be done. Get a lawyer and be patient and don't do ANYTHING stupid. Good luck
Yes the most you can hope for is visitation rights, you might even get joint custody.
Yes he can file. This would lead to a custody hearing where a family law judge will decide. The judge may decide the disagreement is between Mom & Dad, not between the child & Dad. If so, then Daddy may actually get some custody rights.
If there is also a restraining order for the child, this is a big complication. Mainly because he has had a right to contest the restraining order already [He has the right to contest any restraining order & to have the issue heard before a judge.] If he did not contest the order when it was issued, then he will need to overcome this lack of concern at that time. Not impossible but it is going to take $$$$ & an attorney.
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