How would I go about seeing my daughter if my wife left me, took our daughter and then got a restraining order?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How would I go about seeing my daughter if my wife left me, took our daughter and then got a restraining order?
Asked on September 10, 2012 under Family Law, Illinois
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Until the restraining order is changed, it will be hard for you to legally see your daughter. So, your first step is to file an answer or response to the restraining order. If the restraining order suit is already final and is not set to expire anytime soon, then you would need to file a motion to modify the restraining order to give you access to your daughter. You don't mention if your wife and daughter are in the same state as you, but if she's in a different state, you would be better off hiring an attorney in the jurisdiction where the restraining order is filed. They will be able to give you a better idea of the preferences of the local judges and help you develop a plan for gaining access to your daughter.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.