Filing a restraining order with limited parental custody?

by Becky
(Big Bear Lake, CA)

A woman has 16% custody of her 14 and 16 year old children. Her former spouse/father has full legal/physical custody. He will not allow the children to see her. The children have become distraught. They are texting her that their father is so restrictive with their freedom. The 16 year old is fighting at school, and the 14 year old is starting to cut herself.

Can the woman file a restraining order for her children with 16% custody? She has not had her parental rights terminated. Can the children file a restraining order for themselves? If they did would they go to foster care because the mother only has 16% custody?

Any thoughts or information you can give on this scenario would be greatly appreciated. Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Filing a restraining order with limited parental custody?":

Becky (Big Bear Lake, CA):

The appropriate legal means of intervening in this matter is not filing a restraining order. Instead, a "Request for Order" may be filed.

The Request for Order is normally filed after a divorce has been finalized, and during the period of custody of the minor children. The Request may be used to petition the court to "Modify (the) Existing Order." The Existing Order would be that part of the final divorce decree which awarded custody of the children.

To file a Request for Order you will need access to California Superior Court Form FL-300, Request for Order and Supporting Declaration

Once downloaded, see Section 2(b) of the Supporting Declaration page. The Request Supporting Declaration should be filed in Superior Court. More specifically, it should be filed among the other documents related to the previous divorce and custody proceedings.

Because of the serious nature of the proceedings, you would be best-served by retaining the services of a local attorney with expertise in Family/Divorce Law.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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