What can I do so that I can still be in my son’s life? 11 Answers as of March 25, 2013

My baby mother put a restraining order on me last year back in April when she was 2 months pregnant. throughout her pregnancy she was still trying to be with me. We were living together and yes we are a couple. She had my son in October. My son is about to be 5 months. And I’ve been in his life ever since he was born. I no longer want to be with my baby mother. but she still has the restraining order on me and she tells me if I don’t stay with her I won’t see my son or she’s going to put me in jail.

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John Russo | John Russo
What are you nuts!!! First of all the restraining order would no longer be valid if you are living together and if I were you I would deal with that ASAP, you need a lawyer so ask friends and family for financial help, but you can blow her out of the water legally if you use your head. Get it documented somehow that you have been living together for this period of time, witnesses, mail, neighbors, etc, they would have to come to court though, once you believe you have this documented so that you can prove it, then you get out of there and at the same time file a motion to vacate the restraining order, based on the fact that it was predicated on lies, Moreover, you have been living together since list dates, and that she has continued to threaten you that if you left her she would say you had violated the order and have you arrested , this is way you need a good lawyer, they will tell a story that will have the judge ready to give you a R/O against her. You need to do this the right way and if what you allege is true, i.e. living together, you will get to see your child as much as you wish, and also have joint custody, but you can't do this alone.
Answer Applies to: Rhode Island
Replied: 3/25/2013
Fran Brochstein
Fran Brochstein | Fran Brochstein
You need to hire an experienced family law attorney immediately. You have a complicated family law matter that required a personal consultation.
Answer Applies to: Texas
Replied: 3/22/2013
Rebecca Rainwater
Rebecca Rainwater | Rebecca Rainwater
If there have been no court orders establishing paternity you should file. Once paternity established seek custody, visitation and support orders. The court generally orders joint legal and joint physical with one parent named primary. The other parent will receive frequent visitation and holidays summer etc. You will have to address the issue of the restraint order with the court. You should consult with a family law attorney for assistance.
Answer Applies to: California
Replied: 3/22/2013
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
File and serve your paternity petition with a motion to establish custody and visitation.
Answer Applies to: California
Replied: 3/21/2013
Henry Lebensbaum | Henry Lebensbaum
File a paternity action.
Answer Applies to: Massachusetts
Replied: 3/21/2013
    Carey and Leisure | John Smitten
    File a petition to enforce your parental rights.
    Answer Applies to: Florida
    Replied: 3/21/2013
    You need to file for paternity and request a hearing so you can get some custody and visitation.
    Answer Applies to: California
    Replied: 3/21/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You would be wise to discuss your matter with experienced legal counsel. It is likely you must can commence a paternity action in court in order to have the court determine custody and parenting time rights. Those decisions are made based on a best interest of the child standard.
    Answer Applies to: Minnesota
    Replied: 3/21/2013
    The Martin Law Group
    The Martin Law Group | Yolvondra Martin-Brown
    You need to file a Petition for Legitimation, Custody and Establishment of Child Support. At this time you are only considered the biological father, not the legal father. In order to become the legal father with rights you must file petition for Legitimation. This action would allow the Court to determine the parenting time you receive with your child. It is likely, depending on the circumstances, the Court would award unsupervised parenting time. At this time, you have no rights to see the child until you file the Petition and the Court signs an order granting you parenting time.
    Answer Applies to: Georgia
    Replied: 3/21/2013
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Keep a good record of what she has said to you, and continues to say, noting who said what, when, where, and who else was present. This can help you in a later court proceeding. You can start a paternity action in which child support and questions of custody and visitation can be raised. As part of the same effort, you could move the court which imposed the injunction to modify it simply to add a sentence that the restraining order is subject to modification by orders of the family court.
    Answer Applies to: Wisconsin
    Replied: 3/21/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    This depends on the law of the State you live in. Before you do anything, talk to a divorce lawyer. And do that soon.
    Answer Applies to: New Jersey
    Replied: 3/21/2013
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