Monday, March 18, 2013

What can I do about my fiancé's baby mother?

Q:  My fiancé has a sketchy past which was before me and I was not there for but we are together now. The problem is the mother of his child has repeatedly lied on him and has put him in jail for false accusations twice now (I was their for the second) she was caught for the second one not the first and is facing jail time or 2 months in jail with 3 years probation but is fighting it but the problem is she also had an order of protection placed on him but she still contacts him repeatedly, yes for the child but to talk or even say she wants him back. My question is can he place an Order of protection against her and also prove that she is harassing him but still have the court give him better visitation with his daughter without the mother being there


A:  David's Answer:  In terms of filing an order of protection himself, more facts would be necessary to determine whether what she's doing constitutes "harassment." Furthermore, to determine whether he can make a successful claim for increased visitation, one would need to know what his current visitation is, whether it's pursuant to an order (& if so, when the order was made), and what his basis is for asking for an increase.   -- David Bliven, Westchester Child Custody lawyer (www.blivenlaw.net)

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