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  1. #1
    Join Date
    Jan 2009
    Posts
    4

    Default Visitation With a Restraining Order

    My question involves a child custody case from the State of: florida

    please help iam a father who is unable to see his son..the mother will not let me and when she does i have to go to her house in which i am not suppose to be b/c she has a restraining order on me..but i go so i can see him..i just do not know what to do...can someone tell me what i need to do or what papers i need to fill out to get visitation...my son is now almost 8 and have yet to spen real quality time with him..i have also been told the mom tells my son that i am "uncle" and not his father...that not right....

  2. #2

    Default Re: please help

    First, you need to realize that every time you go over there, you risk being arrested. Being arrested for being around the mother of the child who has a restraining order against you can result in her getting an order to cover not only her but the child as well. You need to STOP violating this order immediately if you plan to have any future contact with your son. She doesn't have the legal authority to say that it's ok for you to be there - ONLY a judge does.

    Have you already established paternity?

    You'll need to formally and legally be the child's father...THEN you can pursue custody/visitation matters.

  3. #3
    Join Date
    Jan 2009
    Posts
    4

    Default Re: please help

    yes..we have since and i have paid all support rears and all and is up to date...i just want to know what paperwork i need to fill out and what needs to be done...thanks so much for helping me in any way posible..

  4. #4
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: please help

    Quote Quoting boo0029
    View Post
    yes..we have since and i have paid all support rears and all and is up to date...i just want to know what paperwork i need to fill out and what needs to be done...thanks so much for helping me in any way posible..
    You have a CS order, but do not have a visitation order, correct?

    If you do not have a visitation order, you should file for one ASAP. If you can't hire an attorney, you can file pro-se. Here are some links that will help you:

    Family Law Forms and other info: www.flcourts.org

    Florida laws, in chapter 61: www.flsenate.gov/STATUTES

    Florida Rules of Civil Procedure: http://phonl.com/fl_law/rules/frcp

    Florida Family Lw Rules: http://phonl.com/fl_law/rules/famlawrules

    In the mean time, do NOT go over to ex's house, waitr until you have a court order for visitation.

  5. #5
    Join Date
    Jan 2009
    Posts
    4

    Default Re: Visitation With a Restraining Order

    thanks and yes we have a child support order as of nov 2001 and a restraining order was right before that and on they under visitation all it says is waiting for paternity test results now we have them nothing has been done as of yet...

  6. #6
    Join Date
    Jan 2009
    Posts
    12

    Default Re: Visitation With a Restraining Order

    If you have a visitation order and a restraining order just go to the police dept, show them the papers and request one go with you to pick the children up. If she refuses then you have a very reliable witness also. You can also go to the court have the visitation modified so that the children are to be picked up at the local police dept or another public place.

  7. #7
    Join Date
    Jan 2009
    Posts
    4

    Default Re: please help

    Quote Quoting aardvarc
    View Post
    First, you need to realize that every time you go over there, you risk being arrested. Being arrested for being around the mother of the child who has a restraining order against you can result in her getting an order to cover not only her but the child as well. You need to STOP violating this order immediately if you plan to have any future contact with your son. She doesn't have the legal authority to say that it's ok for you to be there - ONLY a judge does.

    Have you already established paternity?

    You'll need to formally and legally be the child's father...THEN you can pursue custody/visitation matters.


    yes paternity was done right after restaining order was put on and in that it does not state any visitation due to not having paternity...can't i just ask the judge to modify the restaing order with visitation?

  8. #8
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: please help

    Quote Quoting boo0029
    View Post
    yes paternity was done right after restaining order was put on and in that it does not state any visitation due to not having paternity...can't i just ask the judge to modify the restaing order with visitation?
    No. First you have to have a visitation order. Then, you can file and ask the court to modify the restraining order to allow visits based on the visitation order.

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