I am an attorney looking for ideas from other lawyers. The divorce petition asks for visitation, but there are child protection orders (many) that prohibit all contact. The petitioner is a confessed child molester of the children involved. Should I file a motion to strike the petition or seek enforcement of the protective orders? What would you do? No trolls, please.
This is really dependent on the rules of your jurisdiction. In my state, family courts tend to focus more on the children’s best interests rather than technicalities in the pleading. A motion to strike probably wouldn’t be effective. In my experience, a court’s parenting time order in a divorce can sometimes override temporary restraining orders, but it usually assumes that kids should maintain a relationship with both parents unless there’s a clear danger. So, striking the petition may not be possible, but you can dispute the request by filing a response that points out the restraining orders and the danger to the children.
I’m not a lawyer, but I think striking the petition would prevent you from discussing the case in detail, and you really want to get the judge to understand the danger here. The petition opens the door to showing how dangerous the situation is for the kids, so you should definitely bring it up.
@Rio
That’s a good point. Thank you!
You might want to try asking on this forum for legal advice or visit a place like r/AskLawyers, where you might get more feedback from actual attorneys.
Gray said:
You might want to try asking on this forum for legal advice or visit a place like r/AskLawyers, where you might get more feedback from actual attorneys.
I plan on posting there too. I thought this forum was more focused on family law attorneys, so I wanted to ask here first.
@HOPE
I don’t see too many lawyers in this specific forum. But ‘AskLawyers’ and another one I can’t think of usually have lawyers replying.
A motion to strike just removes the petition, which doesn’t really help the situation. It seems like a better approach would be to deny the petition and explain the facts: the petitioner is a confessed child molester, there are protective orders barring contact, and it would harm the kids to allow any visitation.
@zamzam
A motion to strike would remove the petition, forcing the petitioner to refile without the visitation request. That would give the family some peace of mind, knowing that the petition for visitation is no longer in play. But I’m considering enforcement of the protection orders or even contempt due to how this petition violates those orders and puts the children at risk. The petition feels more like a psychological threat to the family than a legitimate request.
@HOPE
Does the petitioner still have visitation rights? If they are in jail or on trial, they wouldn’t be able to exercise any visitation, which makes this petition even stranger. If they haven’t violated the protective order yet, I don’t see how contempt would apply. You might want to file a motion to suspend all visitation in light of the confessed molestation and the protective orders.
@zamzam
The defendant hasn’t been granted pre-trial detention yet because they filed an appeal. But the petition is clearly meant to intimidate the children and cause fear in the family. I don’t want to go ex parte, so I’m thinking of filing a full motion for custody. This way, I can separate the custody issue from the divorce petition and have it resolved on its own. I’m even considering jury trials for this case since it’s pro bono and I don’t mind how much time it takes.
You need a licensed attorney in your state. A case like this is way too complex for general advice from a forum. You should have your lawyer respond to the petition, refusing any visitation based on the protective orders.
@Isla
I am a licensed attorney in my state. I’m just looking for some ideas from other lawyers about how to approach this case.
I don’t know enough law, especially in Utah, but if there is a protective order due to child abuse, that should be your main focus. The children’s safety should come first. If the kids are willing and not afraid, supervised visitation might be considered, but I don’t think it would be right to grant visitation under these circumstances. If you’re the parent with full custody, you should definitely consult an attorney and make sure the kids’ safety is prioritized.
@Emily
I am an attorney. I posted this here to get ideas from other family law professionals. I have a plan, but I’m hoping to get some fresh perspectives or better ideas from this community.
HOPE said:
@Emily
I am an attorney. I posted this here to get ideas from other family law professionals. I have a plan, but I’m hoping to get some fresh perspectives or better ideas from this community.
I would lose trust in my lawyer if they were asking for advice on Reddit. You should rely on professional associations for that.
@Archer
You really don’t understand how helpful Reddit can be for attorneys. There are subreddits for law students, the bar exam, law firms, lawyer talk, and more. Attorneys share their ideas here to get feedback and see if anyone has better solutions. Professional associations tend to be outdated and full of rigid thinking. Reddit is where you can find creative solutions that go beyond the usual options. So, please stop judging and understand that some of the best ideas can come from outside of the old-school methods.
HOPE said:
@Emily
I am an attorney. I posted this here to get ideas from other family law professionals. I have a plan, but I’m hoping to get some fresh perspectives or better ideas from this community.
Lawyers bounce ideas off each other all the time, whether in firms or on Reddit. Not every case follows the same path, especially in family law. My attorney is very good, but I want to make sure I’m helping them find the best solution for my case, so I’m also looking for advice on Reddit.