Milford, MA asked in Child Custody and Family Law for Massachusetts

Q: Could I lose custody of my child from a previous marriage because of a restraining order against my current spouse

I had filed a restraining order against my wife which was dissolved at the 10 day hearing. Since then my wife and I are working on our relationship. We are both in individual counseling and we are now both in couples counseling to try to mend our relationship and family. My dilemma is with my oldest daughters mother. I have joint legal and physical custody of her. Her mother wants to reduce the amount of time that she spends with my wife and I given everything that has gone on and she does not want my child to spend anytime alone with my wife. This also means that my daughter will be losing a substantial amount of time not only with my wife and I but also her little sister. I am just wondering if her mother was to take me to the probate court over this issue if it would be possible that I could lose my daughter or lose the amount of parenting time I have always had because of the restraining order I filed against my wife.

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1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Divorce Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: So it appears that your wife has demonstrated concerning conduct sufficient for you to obtain a restraining order. You have not stated whether the child was present during the precipitating incident and the child's safety and well-being and best interests are paramount. Your wife's involvement with the child could reasonably be limited by a court order in light of that. If you are unable to see the child without your wife being present that will indeed limit your contacts with your child. You stated that the child has a half-sister with your current wife being the mother. If mother is acting in a way that she had a restraining order placed on her then the DCF could well also become involved as her safety and well-being are also in question.

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