What can be done if the child’s mother has restraining order against an individual, and the child is having custody changed? 5 Answers as of November 16, 2012I know a guy, 19, engaged to a minor, non-sexual. I don't care if you judge them. I've known them both for almost six years and if there’s such a thing as love, they have it. Regardless, her mother is a junky and for no reason falsified charges against him to try to keep him away from her daughter. They went through court proceedings and eventually they dropped the charges on him in exchange for a one year, no contact order of protection, originally just against the mother. Maybe two weeks after, it was put in place her daughter (his fiancé) was tacked on due to her mother making a complaint about her being a minor. His fiancé is now in the process of getting custody switched over to a friend’s mother and this is where I come in. I was asked as a friend of both parties by the girl to search into how about she might get her name stricken from the order so she may see her fiancé freely again after the custody is completely switched over. Any guidance would be appreciated.
John Russo | John Russo
I have no clue what you are talking about, first of all if she is a minor the mother has the right to have an order entered to keep him away, I am sure the court had enough evidence before it to grant the petition, they just don't hand them out on some ones say so, there must be a hearing, or an agreement by all the parties, and second you cannot switch custody to someone else, only a parent and/or the State can take custody of a minor child so I don't know where you obtained that information from, also where is her father he would be an interested party also. The only thing open to non-parents is a legal guardianship but I don't see the fact pattern here for that.
Answer Applies to: Rhode Island
Reza Athari & Associates, PLLC | Riana Durrett
Based on the facts provided, the nineteen year old friend may be able to file a Motion to Dissolve the Temporary Protective Order, as it relates to his fiance. The nineteen year old can explain the facts and perhaps support his Motion with affidavits from friends who are witnesses to the non-sexual nature of the relationship. The nineteen year old may not want to bring attention to his relationship, in case law enforcement does suspect that the relationship is sexual, but he will have to exercise his judgment as to that concern.
Answer Applies to: Nevada
LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
It really is none of your business unless you are a party to the action. If you really want to be involved, I'd consult with an attorney and have him/her go over all the paperwork. Opinion only not legal advice.
Answer Applies to: California