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HELP! I have court on Tuesday, for a restraining order against my mother. She has threatened me via texts and calls for years...
Anonymous2 views4 answers
Ever since I was a little girl she was always extremely cruel to me. Both physical and emotional to me. She would humiliate me about my weight in front of family and friends. When I turned 22 I moved out of her home. Its been 4 yrs now. She constantly texts and calls my inlaws phone saying horrible things about me and threatening my fiance and I. She is on drugs and I believe she is undiagnosed bipolar. When i filed retraining order age responded and asksed for visitation with my kids!!!! Will they give her visitation??? My children do not benefit in any way having visitations with her. What statements should I say at court that will help my case? My son is 11, should I have him write a letter??
Thanks for reading.
You filed a petition for the RO. Be prepared to testify to the substance of the petition and anything else you want to tell the judge. You really should have a lawyer though. Very unfortunate that you need to go through with this.
As my colleagues have stated, be prepared for the hearing. I find it very unlikely that your mother would granted any type of visitation at this hearing. I seriously doubt if the judge will even address the issue. Good Luck!
First of all, if you filed for restraining orders, than the only question before the court will be whether or not your restraining order should be granted. Your mother may NOT piggyback a request for grandchild visitation on your motion, but must file her OWN motion seeking said visitation.
Secondly, so long as:
a) you and the father of your children are together, and
b) neither of you is incarcerated, and
c) you both agree that you do not want grandma to see the kids,
then (according to Family Code Section 3104) your mother cannot petition for visitation. If she does, the court will likely deny her request.
Here's the exact text of subsection (f) of that code section: "There is a rebuttable presumption affecting the burden of proof that the visitation of a grandparent is not in the best interest of a minor child if the parent who has been awarded sole legal and physical custody of the child in another proceeding, or the parent with whom the child resides if there is currently no operative custody order objects to visitation by the grandparent."
If your mother files a petition for visitation, then make this argument, but don't stop there. Elaborate on the reasons why you do not believe that visitation is in your children's best interest. It sounds like you'll have a laundry list of reasons. Also, if she does not have an existing strong bond with your children, then explain that, too.
Best of luck.
