Best time to file for custody


#1

Dear sadlymistaken:

Greetings. First, please make sure that you contact your local law enforcement agency EVERYTIME he breaches the domestic violence restraining order. Your safety is the most important thing you should worry about right now.

There is no “best time” to file for custody. Does the domestic violence restraining order grant you custody?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Yes, the order gives me custody for another 6 months (1 year total). With the delays in filing for custody, when would it be reasonable to assume I need to file for custody? How long can a protective order be extended? I have been given conflicting advice in reporting protective order violations. Some say to report each incident, some say to report them in clusters. Any suggestions or insight into the rationale of the differing advice?


#3

Dear sadlymistaken:

Greetings. A domestic violence restraining order can be extended for one year at its end by applying for an extension. Reporting incidents is a case by case analysis which an attorney will have to do for you. I would suggest that for now, you report each incident unless an attorney has analyzed your specific case and informed you otherwise. Things such as e-mails tend to be better reported in “clusters” but I would report if he calls or comes in your proximity immediately. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

I have had a restraining order on my ex-husband for the past 6 months. He has violated the order numerous times. He has had almost no contact with our 2 1/2 year old daughter and refuses to pay child support. Is there such thing as a “best time” to file for custody? Should I file for custody now while I still have the restraining order in place and his involvement with our daughter is so obviously lacking?