Legal Question in Family Law in Massachusetts
Permanent restraining order and a request for visitation
When my son was 6 monthes old I got a restraining order against his father. Someone driving by saw him hit me and called the police. After 2.5 years of physical abuse from his I'd had enough and filed the restraining order. I was granted a year for me an dmy son. I went back after a year and was granted another year. The next year I was granted a permanent restraining order for me and my son. His father is now after 3 years trying to get visitation and joint custody. His parents are trying for grandparent visitation even after I let them come to see him once a week since the original order. I believe this is all because his parents want to see him more. My son's father has had anger problems and problems with drugs and alcohol. Could he really be granted visitation or joint custody?
2 Answers from Attorneys
Re: Permanent restraining order and a request for visitation
The court looks at this vague concept called the "best interest of the children."
Almost anything is possible in court. It is for each side to present evidence that attempts to sway a judge that a ruling should be made to their side.
In your case, you have a history of misconduct and abuse toward you. Yet, you have said nothing about his behavior to the son. If the behavior or misbehavior is and was directed at you, the burden will be on you to show that he is a danger to his son. The court will not always infer that because you were harmed, that automatically means your son was harmed.
If you cannot satisfy the court that this man poses a risk of harm to the child, who is his son, the court may grant him some form of visitation. It could be supervised or unsupervised. It depends.
If you provide me with more information about this as it related to what I said above, I may be in a better position to think about your options.
If you want, you can contact me, and I will offer you a free consultation.
Re: Permanent restraining order and a request for visitation
Grandparents have very limited standing as according to case law. However, as the prior attorney has explained to you already, the father does have the right to petition the court for visitation and you have a right to present your evidence that it may not be in the best interest of your child.
You mentioned that you do allow the grandparents visitation approximately once a week is the father present at these visitation and has there been any problems?
Also, the court will most likely order that a Guardian ad litem be appointed on behalf of your child to give an opinion to the court whether or not, it would be in the best interest of your child for visition and/or if visition is appropriate, it maybe supervised due to the father's past record of abuse. Please consider discussing this with a family law attorney for more guidance.
Sincerely, Maria Murber
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