QUESTION

Can I file a restraining order during our divorce proceedings to protect my daughter? How?

Asked on May 28th, 2015 on Child Custody - Maryland
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How can I keep our daughter safe during the actual divorce itself? He has been drinking out of control lately. He went to pick her up the other day from daycare when he was intoxicated. Should I call the police? He still wants to get custody with her which is ridiculous. Should I file a restraining order?
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5 ANSWERS

Ask your lawyer and you should have one in a case like this to seek a temporary order which will keep him from drinking for the 12 hours before, and during, his periods of temporary placement with the child. Your lawyer may have additional ideas about how to manage this problem which is far from rare in Wisconsin.
Answered on May 29th, 2015 at 7:54 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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You should file a restraining order and ask the court to order him to do an alcohol evaluation and/or treatment and ask the court to appoint a guardian ad litem to make recommendations re a parenting plan. Get a lawyer. Also, yes, if he is drunk when he picks up the child or drops her off, call the police. The daycare should not release a child to someone who is drunk. They should have called the police.
Answered on May 29th, 2015 at 7:47 PM

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Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
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You need an involved consultation. Hire an attorney or meet with the Family Law Facilitator at your Courthouse for counseling and assistance in self-representation.
Answered on May 29th, 2015 at 1:00 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Speak with you attorney regarding your options on how to protect your child.
Answered on May 29th, 2015 at 12:51 AM

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Yes. Do everything you can to protect your child and file a Protective Order to keep him away. You can also obtain custody and temporary family maintenance (support) with a Final Protective Order.
Answered on May 29th, 2015 at 12:40 AM

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