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  1. #1

    Default Restraining Order Against Ex's New Boyfriend

    My question involves restraining orders in the State of: Ohio

    A brief history:
    Ex and I had been together for 8 years (did not marry). She has been a heavy drinker for much of this time and the relationship has suffered because of it. We have a 5 year old daughter.

    Ex met someone early this year and pursued a relationship with this guy while we were still together (waiting for her to deal with her alcohol issues). After 3 to 4 months of seeing the other guy, the relationship was brought to my attention. She immediately entered rehab (who instructed her not to make any relationship decisions for at least a year - a whole other complaint ) When she got out, she stated that she was not going to end the relationship with the other guy and I refused to sit by and let her do that while supposedly being with me. She moved out, took my daughter and continues to see the other guy.

    Ordinarily, this wouldn't be a problem. However, she spends the time that she has with our daughter with the other guy. My daughter is quite confused, and has started becoming attached to this guy (not surprisingly). Despite my requests for the ex to stop seeing the guy with my daughter around (I even offered to let her drop my daughter off so that she could continue her romance) she refuses to consider any option other than 'substituting' one guy with another (in the eyes of my daughter).

    I believe that the ex has undocumented co-dependancy issues, though since she refuses to seek counseling or share any details of what she discusses in the post-rehab meetings, I have no ability to document much.

    I would like to file a restraining order against the ex's boyfriend on behalf of my daughter. The grounds (shaky, at best) are that her mother has not made sound decisions regarding this person, and I do fear that she does not know this guy well enough to have him spend so much time around my daughter.

    Would I be able to get a restraining order like this, based on this information?

    Thanks in advance for your advice.

  2. #2

    Default Re: Restraining Order Against Ex's New Boyfriend

    Not likely. Unless you can show a court something that he's actually DONE something, or has some criminal history involving crimes against or in the presence of minors, the court is going to honor the ability of the custodial parent to decide who is or isn't qualified to be around the child.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

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