Courts take restraining orders seriously when determining custody arrangements, as they often indicate potential safety concerns for the child or the other parent. This legal measure, also known as an order of protection, ensures the safety of individuals who have experienced or are at risk of harm. But how do these influence specific aspects of child custody decisions?
Parent-to-parent orders of protection
When one parent obtains an order against the other, it does not automatically rule out joint custody. However, it does significantly alter the arrangement’s dynamics. The court may reduce the time the accused parent spends with the child, but the most noticeable impact often involves the logistics of child exchanges. This might include enlisting a neutral third party to transport your child. In some cases, you may need to arrange child exchanges at a local police station. This setup helps maintain safety for all parties involved and ensures that everyone adheres to the terms of the restraining order. Direct communication between you and your co-parent may also face restrictions.
Orders of protection on behalf of the child
If you file an order of protection for your child, it will immediately override any existing custody agreement until a court hearing occurs. During this period, the accused parent will not be able to contact your child without breaking the law. It is crucial to understand the gravity of filing an order of protection for your child. Filing an unwarranted order just to prevent the other parent from seeing the child could harm your own custody rights. The court may view this as interfering with the child-parent relationship, which goes against the child’s best interests.
Your child’s best interests take precedence
Restraining orders in custody cases create complex situations that require careful and informed navigation. As you move through this challenging process, remember that your actions and decisions will shape your child’s future. While legal proceedings may feel overwhelming, focus on creating a safe, stable environment for your child.
