Ask a Divorce Lawyer: My wife and I both have restraining orders. What are my options for seeing my kids?

Question: My wife and I had a horrible break up. She began seeing another man. After my wife and I had a few very heated arguments, she left with our three children camping for almost a full week with the man in question. The next day (after I took the children to a safe house) my wife and I had another argument. She pushed me into a box of junk cutting my arm, so I restrained her, the police were involved, and we both got restraining orders. 

In court her restraining order was extended to a protection order for 1 year, including the children. How do I get contact with at least my one biological child who is 4 years old? I would love to see all three though if possible.


Answer:  If the restraining orders do not provide a way for you to have contact and parenting time with your children, I suggest you consult with an attorney to review those restraining orders and discuss whether you have options for adding  provisions allowing you to have contact and parenting time with your children.  

Keep in mind, with restraining orders, it will be difficult and improbable that you will receive the parenting time you find ideal, but you should be able to maintain some sort of minimum contact.


Claudia J. Weaver is an Associate Attorney with Cordell & Cordell, P.C., in Overland Park, Kansas. Ms. Weaver practices exclusively in the area of domestic relations.

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