What can be done to get child custody? 16 Answers as of May 18, 2011

My friend and his girlfriend split up 2 1/2 months ago.They have two little boys together and she put a protection order on him. What can he do?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
If they have never been married, he needs to file a paternity case to be determined the legal father and to obtain a court ordered Parenting Plan that establishes what responsibilities and obligations he has for the child. Until that happens, he basically has no rights. Unless he is also found to be a threat to the children, the protection order can be sufficiently modified to afford him access to the children without contact with the mother.
Answer Applies to: Colorado
Replied: 5/18/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
He needs to hire a lawyer. He will need to get the court to give him a visitation order, because I bet, under your facts, she is denying him visitation. Stay well.
Answer Applies to: Alabama
Replied: 5/17/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Hire a family law attorney to obtain visitation for him.
Answer Applies to: California
Replied: 5/16/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
He should go to the Family Court and file a Paternity Petition if she doesn't consent to him being considered the father and then file a custody Petition seeking custody.
Answer Applies to: New York
Replied: 5/16/2011
Howard W. Collins, Attorney at Law
Howard W. Collins, Attorney at Law | Howard W. Collins
I don't know what you mean by a protective order. In order to help your friend, the best thing to do would be to call me. I have done custody and divorce work for nearly 30 years, so instead of trying to explain everything in an email, a phone call would be much faster.
Answer Applies to: Oregon
Replied: 5/16/2011
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    In Massachusetts, can can file a complaint in the Probate and Family court to establish custody and support.
    Answer Applies to: Massachusetts
    Replied: 5/16/2011
    Michael Rose Attorney at Law
    Michael Rose Attorney at Law | Michael Rose
    Was the protection order for domestic violence? If so, it will be hard to do. You can go for visitation and it might be monitored
    Answer Applies to: California
    Replied: 5/16/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, he can petition for a parenting plan.
    Answer Applies to: Washington
    Replied: 5/16/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Petition to establish a parenting plan. If they were married, he files for divorce and moves for a temporary parenting plan. If they were not married, he files a parentage action and moves to establish a temporary parenting plan.The plan might build up his contact with the children over time. The plan will say the visitation will occur despite the restraining order she obtained. He can improve as a parent. Take classes. Read books. Learn child development and psychology. He can improve as a person. Get counseling and most important improve his relationship with the children, which the first two items (improving his knowledge of kids and his own well being) will significantly help. Good luck.
    Answer Applies to: Washington
    Replied: 5/16/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    He would need to file a petition to establish a parenting plan for the child. Advise him to consult with an attorney in his area.
    Answer Applies to: Washington
    Replied: 5/16/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Your friend needs to talk to a divorce lawyer (this is divorce type law), and get some advice. This is important, how those kids are going to be raised. Have him call me. Give me a call, make an appointment to come see me, and let's get moving on this for him. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before he spends a dime, he will know how much this is likely to be.
    Answer Applies to: New Jersey
    Replied: 5/16/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Obey the order &start his own motions for custody & visitation.
    Answer Applies to: Connecticut
    Replied: 5/16/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You must first open a case with the family law court, then file a motion for custody and visitation. If you are in my area, contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/13/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    You haven't provided nearly enough information to answer your question. There are, depending on your friend's circumstances many things he can do. A "protection order" does not preclude the ability to have access or custody.
    Answer Applies to: Connecticut
    Replied: 5/13/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    If your friend resides in Western Washington, he should free to call me to schedule a free initial consultation-either in person or by phone-about his situation. He will need to initiate the right civil action immediately to protect his rights. Also, if the protection order is only temporary at this point, he should try to fight it off through an aggressive attorney if there's still time. We can help with that too.
    Answer Applies to: Washington
    Replied: 5/13/2011
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney