Do you have the right to child custody if there’s a restraining order against you?

Most parents do not anticipate the challenges they’ll encounter when navigating child custody matters after divorce. Changes in circumstances can significantly affect a co-parent’s right to see and spend time with their kids. 

The stakes become high when a co-parent files a restraining order against the kids’ other parent. It’s natural for co-parents with a restraining order to feel uncertain about their rights. How might a restraining order impact a co-parent’s ability to maintain custody or visitation with their children? 

What are restraining orders

A parent can file a restraining order against their co-parent to protect themselves against alleged:

• Harassment 
• Abuse 
• Threats 

The legal document restrains the kids’ other parent from:

• Approaching the co-parent’s residence 
• Contacting the co-parent 
• Going to specific locations that the co-parent frequents 

Unfortunately, such a protective order can influence custody and visitation arrangements.

How a restraining order affects child custody

Restraining orders influence parental rights because Indiana courts think about a child’s well-being when a co-parent files such a protective order. Even before any alleged abuse can be proved, the family court cannot take any chances regarding the children’s best interests. 

Of course, a restraining order does not automatically mean a co-parent will lose custody of their children. However, it can serve as a significant factor in the court’s decision-making process. 

Suppose a co-parent has a temporary restraining order (TRO) filed against them; this may have a limited impact on custody and visitation. However, a permanent restraining order has more significant implications for parental rights. The family court will likely evaluate whether the allegations leading to the order pose a risk to the child.

The specific allegations that led to the restraining order also play a part in establishing parental rights. Suppose the claims involve violence or abuse that could endanger the child; the court may modify custody or visitation arrangements to help ensure the child’s safety.

Steps to protect custody rights

Co-parents who have a restraining order might wonder how to protect their parental rights. One of the best things such co-parents can do is to comply with the restraining order. Failure to do so only demonstrates that the child’s other parent had reasons to file for a restraining order. While it can be challenging, adhering to the terms of the restraining order can help co-parents defend their custody rights. 

A restraining order might not automatically strip a co-parent of their child custody rights. However, it sure does introduce challenges that require careful navigation. Co-parents in this predicament can benefit from consulting with a seasoned Indiana family lawyer. This way, they can address the situation effectively and protect their rights as a parent.