Q: Can you file for partial custody or visitation rights with a protection order in place?
My fiance gets out of prison in 10 months, his children's mother filed a protection order against him claiming he threaten to hurt her in order to make it harder for him to get visitation because he refused to go home to her when he is released. She has multiple child service cases against her & has contacted him by JPay asking him Again to come home to her after the protection order was put into place.
A: The quick answer is "yes" and a court with jurisdiction over the children's custody can issue further Orders modifying visitation which may supersede a protection order. This is a very nuanced area requiring the advice of an attorney who regularly practices in that court.
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