Child Safety Concerns & Restraining Orders
As family law attorneys who frequently answer questions for concerned parents, one of the key issues that we regularly deal with are parents who are concerned about their children and exposing their children to the other parent, where that other parent could do harm to that child. For a parent who is undergoing a custody issue, or who simply has concerns about the other parent, sometimes the first question or concern that comes to mind is: How can I shield my child and ensure that they are protected, at least until I figure out a more permanent solution?
There are legal avenues for parents who have these concerns, such as applying for a restraining order or seeking a modification to an existing custody order, depending upon the circumstances. We discuss more on these options, below:
Available Legal Tools
Protective – or restraining – orders are legally enforceable court orders that order an individual (the other parent) to stay away from the petitioner (or concerned parent), their home, and their shared child(ren), as well as barring them from owning weapons. These orders can also address temporary custody issues, providing the concerned parent with temporary custody until there is a hearing scheduled to determine next steps.
Withholding Children Without A Court Order
In these cases, one of the most important steps a concerned parent can take is to speak with an experienced attorney in order to ensure that they are doing everything they need to protect themselves and their child. One parent seeking to withhold a child from the other without first taking the proper legal steps could end up having detrimental effects on that parent’s custody rights.
Reach Out to Us Today for Help
Children who witness domestic violence in the home can be at risk of long-term psychological effects. It is parents who have legal and physical custody who are able to make major decisions about their child’s life, and the courts will make this determination based on what is in the best interest of the child. Any history of domestic violence – including current or previous restraining orders – as well as the mental health and capacity of both parents – will be taken into account in making these determinations.
If you have any questions or concerns about protective orders or custody, contact our Rockland and Westchester County family law attorneys at the Law Office of Robert S. Sunshine, P.C. today to schedule a consultation and find out more. We are here to help ensure that you and your loved ones have a bright future.