Montevideo, MN asked in Divorce, Family Law and Child Custody for Minnesota

Q: Ex wife put a restraining order on me against my children. judge made an interesting ruling allowing me to petition it.

The Judge ruled in favor of my ex saying I was instilling fear in my children because I disciplined them at the library and she didn't like that. He ruled that I should take a family class and family therapy with the children and he would allow me to petition the court to remove the OFP. We had a Guardian that has now been discharged and I took the family class and did the parenting class. Wondering if I could just roll this over to a family court case and regain custody that way since I have a divorce dicree that we have been following for some time now (2 1/2 years) the children are being bounced around from sitter to sitter and I want them to have a consistent environment like before. Any thoughts on helping me make that possible or what a lawyer could offer my situation. I currently have a therapist I'm seeing with the children and have re-assessed my family program around the book called Children the Challenge and invented a cork board to replace (rarely) spankings.

1 Lawyer Answer

A: An attorney is the way to go. An attorney can help you make a motion and represent you at a hearing to establish your rights, although results cannot be guaranteed. More information is needed to determine if this would be possible in your particular scenario.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.