Do I still get my child visitation rights? 3 Answers as of July 20, 2011

4 years ago child services dropped our case an issued a final order, giving me monitored visits and joint legal, physical to mother. I was informed to modify in family court. Just days after the order, the mom called my mother and the child came to live with me at my mother home. Child has been living with me ever since, for the past 4 years. I filed a family law case and an OSC was set. Mother was served and attempted three times to obtain the child with the police, the first two attempts failed, last time at his school, the police reluctantly gave him to the mother. Mother is liar and has said that I harassed her (even though she brought the police to my home several times) she obtained a TRO in a different city. I have not been served yet, the police at school refused to serve me.

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Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
When a parent is attempting to place a restraining order against you it is VERY IMPORTANT to attack the allegations. If you lose the case you will lose most custodial rights and placed on monitored visitation, and you will experience a minimum of one year with the government regulating your life. This is the type of case you should NEVER go to court without competent legal representation.
Answer Applies to: California
Replied: 7/20/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
There are many elements presented in your fact pattern that really require the review of an attorney skilled in family law. The attorney can review your current OSC motion and see if it would be appropriate to request the child's return in amended filings or take other action to address your motion and the unserved case your wife set in another city.
Answer Applies to: California
Replied: 7/20/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
Once you have an exit order from dependency court you may seek modification in family court. You will need to contact an attorney to set aside the TRO for whatever grounds they deem necessary based on the facts provided. I would recommend that you bring your witnesses to court to support your position as to what has happened since mother gave up custody.
Answer Applies to: California
Replied: 7/20/2011
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