What to Expect at an Expedited Visitation Hearing with a Restraining Order

[Misssy2]

My question involves a child custody case from the State of: Rhode Island
My son and his girlfriend have been drug addicts for the whole 2 years they lived together. The girlfriends father dislikes my son and the girl is spoiled by her Dad. She wanted to stay with my son, but my son lost his job of 4 years and wrecked the family car. This was the last straw for the girls family. The girl went home to her parents and THEY have not let my son see his child for 3 months now. We filed for a visitation hearing the day after they filed a restraining order on my son. My son was shocked by the restraining order as he has never been an "abusive" boyfriend. He has been a big part of the childs life and the first couple of weeks after she left, she was texing him that the baby would not sleep without "Daddy". But, yet she was never allowed by her parents to bring the baby over. My son kept trying to see him and they kept denying. We went and filed for his visitation and the date has been postponed 2 times. He has documentation from the clinic that he goes to everyday for Methadone that says he has been "clean" since Jun 09 (other than prescribed medication). She also goes to a Methadone clinic. Since it has been postponed 2 times...I'm wondering if in the first hearing if anyone knows if they would allow at least 1 supervised visit in the interim of the court making a schedule? He is losing his mind..and so am I...we can not afford a lawyer...Her parents got her a lawyer. She continues to text my son...blank messages...I feel like this is antagonizing the whole situation. But, the cops say that she does not have to abide by the restraining order...Only he does. My son does have trouble with drugs...he sees 2 counselors...and has documentation from both that he attends all scheduled appointments...After the last 2 postponements...he used illegal drugs...trying to overdose...He said that if he can't see his son...he doesn't want to live and that he will have reason not to see his son if he is dead. I want to give him some hope that he will at least get a word about what his visitation will be on Jan 26th...but I don't know for sure how this goes when the girl has a restraining order...she can't prove he was physically abusive....he has never been to her or anyone...and he can't prove that he hasn't except there isnt a history. This is agnony not seeing the child. She doesn't like me because I am close to my son. She used to let my X babysit for her when she needed it..but now she won't let anyone take the baby because she is using the baby as a pawn against my son. She is mad that my son doesn't want HER back and only wants to see the baby.

[Misssy2]

Ok, I talked to a lawyer this afternoon. He said it is very important that my son beat the restraining order. He also said that they will not hear visitation on that day (even thou they told us they would)....they will have to resolve the restraining order issue first...which makes sense....My son may have to be evaluated...by whom? I don't know. With a lawyer..this could all be evened out and negotiated with the other lawyer in a short period of time...for the sum of 4000.....ok, I don't have 4000. My son is pretty distraught but understands that I don't have 4000. I told him I have bailed them both out over the last couple years and I have spent approx 3000 doing that..paying rent, bills etc. It hurt me...but I said...you 2 got yourselfs into this mess. For some reason she doesn't want you to see the baby (I think it is because she is jealous he was so close to the baby and not so close to her)...but for whatever reason...he will not be able to see the baby until he is fully clean. AND..if we throw out there...that she is just as "dirty" with the drugs...the foster care system will come into play...and he said we don't want that. So, she gets to keep his son..do her drugs..and my son and the baby suffer...the baby loved him to death. Then again...I am projecting because maybe the judge will see that she has been contacting my son...so therefore, she can't be that FRIGHTENED of him. I don't know...but I am not willing to pay 4000 to a lawyer. And he has no money...so the pro se....will be Jan 26th. Don't know how it will turn out...but this is what the life of drugs gets people.

[NdK1009]

Your son really should try to meet with a few other attorneys (perhaps he'll find one that is willing to accept a smaller retainer), or he needs to contact Legal aid. He may qualify for their services.

You may also check into the following (I have not verified their validity):

http://drcri.net/resources/family-and-legal-aid.html

State of Rhode Island Legal Services
Providence Office:
56 Pine Street‚ 4th Floor
Providence‚ RI 02903
401–274–2652
1–800–662–5034
http://www.rils.org/

Newport Office:
50 Washington Square
Newport‚ RI 02903
401–846–2264
800–662–5034

Rhode Island Bar Association Volunteer Lawyer Program
115 Cedar Street
Providence‚ RI 02903
401–421–7758