Saturday, June 15, 2013

Can my son's mother legally keep my son from me if she has a restraining order?

Q:  there is no order for me to stay away from my child. i have a history of violence and drugs on my record. i have not been convicted in 8 years. she is 19. i am 36

A:  David's Answer:  While no order is present barring you from seeing the child unsupervised, until you actually file a petition for a visitation order then everything must be by agreement. If you file a petition, then the Judge will need to consider what the pending charges are as well as how recent your "history of violence & drugs" was as well as the substance thereof in determining whether to order supervised visitation. In any event, I highly suggest that you schedule a free consultation with a Bronx Child Custody attorney for a full assessment.  -- David Bliven, Bronx Child custody attorney (

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