My ex lost his job recently and sent me only half of the child support this month. I told him that he couldn’t see our daughter until he was current again. He started yelling at me on the phone and I started a recorder to catch his words. I am taking it to court tomorrow to get a restraining order.
What do I need to tell the judge to keep him away from me and my daughter?
The judge will make you look like a fool because child support and visitation are two separate things. You cannot withold visitation due to nonpayment. And the only way to get an order of protection is for there to be danger. If u take him to court you may find yourself being held in contempt for visitation interferance.
He will have no proof that he was yelling about visitation. He just started calling me names, that is all that is on the tape. He can have his story, I can have mine.
If he is screaming names at me, it can be intimidating, can't it?
His verbal abuse has left you in fear that he will get physical with you. In your relationship before, did he physically intimidate you by getting up in your face, or pushing you? (hint)
Don't mention the visitation angle at all, just him screaming at you on the phone.
Do you truly feel threatened by him? Are you doing this for revenge? I think if you really (and I mean HONESTLY) feel that he might hurt you or your daughter, you should be able to get help. But if this is more about getting back at him, think CAREFULLY. If he is good to your daughter, then put her first. Love her more than you hate him. My 'husband' won't leave my house. He literally treats us as though we don't exist. I have a teenage son and preteen daughter. I WISH he would acknowledge their presence, their existence. My son is older and dealing with it, but my poor daughter still suffers. She is sweet, funny, smart, and happy, but I see the pain in her eyes (behind her brave face) when he shows up at my house and doesn't even speak to her. I worry as she gets older she will seek male attention, even the negative kind. If your daughter can have a relationship with her dad, that's best for her as long as it's loving and healthy and safe. (Even if you can't stand the guy). Just please be careful, don't bend the truth. If he is a danger, take whatever measures you need to to keep safe. If not, keep the peace. For your daughter's sake.
Think long and hard before you do anything. I did not allow my ex visitation because he moved and I had NO IDEA where he was living...I took him to court and now I OWE him make up days. The judge did not like my "self help" route. He broke custody orders the entire time se have been apart but I have to just deal with it.
If you are truly scared then get a PFA but if you are doing it because you are mad remember it could bit you in the butt.
Best of Luck to you
ask yourself what is best for your daughter, irrelelvant of the money.
If I stopped conatact linked to child support my son would be asking for a photo to recognise his dad. However my son loves his dad to bits. Contact has been maintained (except a short blip where it was needed to ensure the wellbeing of my child). I wouldnt want to lose that bond for my childs sake. Though it would certainly make my life easier!