I have a restraining order against my ex-husband in Georgia. Do I have to let him visit our kids?
Dealing with an ex-husband against whom you have a restraining order, combined with custody and visitation issues, can be complex and emotional. In general, whether or not you have to let your ex visit your kids depends on what the court orders that have been issued in your case provide. As an example, it’s possible that your restraining order says that your ex has to stay away from you and the children. Obviously, in that case, you do not have to let him visit with the kids.
However, that doesn’t mean that just because there’s a restraining order against him he is definitely not allowed to visit the kids. In some cases, a restraining order only orders him to stay away from you. In that case, whether or not you have to let him visit with the children depends on what visitation the court has ordered for him. If he was allowed regular visitation or supervised visitation, you have to let him visit with the kids, even though he cannot be near you. If a court has not awarded him any type of visitation, you don’t have to let him visit with the children until the court says so.
If there has been regular visitation awarded, and he has to stay away from you because of a restraining order, obviously him coming to your home while you are there in order to pick up the kids won’t work. Instead, you should figure out some type of other arrangement for him to get the kids – possibly your relatives or friends.
If you do have a restraining order against your ex-husband, it’s typically because he has displayed some type of violent tendencies. In that case, you probably do not want to put your children in that type of environment. You may consider asking the court to modify visitation or child custody because of the violence.
If you need legal assistance in dealing with issues involving child custody and restraining orders in Georgia, call Shalamar Parham, Atlanta Divorce Attorney, at 678-439-1482. She can help you sort through your legal options. Call to schedule a consultation.