Question:
My wife and I have been separated for 2 years and 2 months. I have been trying to work with her with visitation with my daughter. My daughter has lived with me since November of 2007.
She recently had a visitation with her and then filed an order of protection against me in order to retain physical custody of her. I contested and asked for the hearing to be asap. I then went ahead and filed for a divorce. We had a hearing today, and the judge gave me visitation every other weekend and on Wednesdays. Is there anything I can do? I am the one that had physical custody of my daughter prior to her filing a ridiculous order of protection.
Answer: If the order of protection is a “final order” you can appeal that decision to a higher court. Inside of the divorce action you should consider quickly filing for temporary custody orders. The fact that an order of protection was entered against you will be a negative factor or attempt to regain custody. In the interim, I recommend you exercise all visitation times that are order and keep a specific custody journal.
