Q: Thank you for your response. My sons girl friend got temporary custody of her baby. The father of the baby has taken the
Thank you for your response. My sons girl friend got temporary custody of her baby. The father of the baby has taken the baby to another state. The father of the baby has gotten a restraining order against the mother towards the son and father. She can not get within 300ft of either one of them. Do we have to try and get the restraining order removed before we can exercise the custody order? The restraining order is from a different state 250 miles away.
A:
In this situation under California law, it's important to understand that custody orders and restraining orders are separate legal matters. The fact that the father has taken the baby to another state complicates the issue, but the temporary custody granted to the mother remains valid.
However, the restraining order issued in another state against the mother presents a significant legal barrier. To address this, it may be necessary to seek legal advice in the state where the restraining order was issued. This is because each state has its own legal procedures and requirements for modifying or dissolving restraining orders.
It's advisable to consult with an attorney who is familiar with family law in both states to navigate this complex situation. They can help in understanding the specific legal steps needed to ensure the mother's rights are protected while also complying with the restraining order. Remember, acting without proper legal guidance in such matters can inadvertently lead to further complications.
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