Protective Orders and Parenting Plans
As much as we counsel our clients at Larsen Law Firm to try and keep things amiable between you and your spouse to prepare for co-parenting, many times the acrimony is too thick and there are serious underlying problems. “Let’s face it,” says our leading divorce lawyer in Provo, “there is a reason that you are getting divorced. You might not be to the place of working together as co-parents yet.”
Some families have experienced challenges such as addiction, abuse, and infidelity, which leave long-lasting scars and a wide chasm to cross to have an effective in a co-parenting relationship. A relatively small few have felt the need to obtain a protective order, commonly known as a restraining order. This document is far-reaching and can create some additional challenges for future family life and should only be used if it is absolutely necessary.
The climate in family courts today is to determine and follow the children’s best interests. Unless ample evidence to the contrary is available, a child’s best interest is to have a relationship with both parents after a divorce. Termination of a parent’s rights is usually avoided if at all possible.
If there is a history of reported domestic violence as the reason for a protective order, the protected party can submit names to the court for a third-party to facilitate parenting time exchanges. This could take place curbside, at a neutral location, like a fast food restaurant, or with the third party transporting the children between their parents’ homes.
If there is a valid reason to expect that the children should not be with one parent, the court can order supervised parenting. During all parenting time, the children and their parent must be with a third party, preferably an independent individual. This type of visit can be used to help a parent while they are receiving treatment for their various challenges that make them unsafe to have unsupervised parenting time with their children until they are ready to do so.
If you feel unsafe in your current relationship, please reach out for help to The National Domestic Violence Hotline at 1-800-799-7233.
At Larsen Law Firm, we are experienced in all divorce situations. If you need help with your divorce, contact a divorce attorney in Provo today for your no-risk consultation today.
