Legal Question in Family Law in Ohio

visitation with a restraining order

My brother and his wife have been separated for 16 mos. She has stayed in the home with their 3 kids and he's been staying with our parents. He still has regular contact with the kids. Neither have filed for legal separation and they were attempting to work together towards dissolution. She has asked him on a regular basis to let their dog out etc, and he has had free access to the house (it's still community property). She recently found out he's started dating again, and is no longer cooperating. When he came in yesterday to get the kids, she told him next time he came in her house like that she would get a restraining order. Since custody has not been established, how will this affect visitation, and can she get the restraining order on those grounds?


Asked on 2/25/08, 11:25 am

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: visitation with a restraining order

It's very unlikely that she would be able to restrain the father from contact with the children. Adultery (they are still married) is a common problem that puts even a greater wedge in divorce negotiations. I usually advise the parties to walk a straight line until all i's are dotted, t's are crossed. First things first, until after the decision is final.

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Answered on 2/25/08, 11:57 am


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