How would I go about seeing my daughter if my wife left me, took our daughter and then got a restraining order?

Asked on September 10, 2012 under Family Law, Illinois


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Until the restraining order is changed, it will be hard for you to legally see your daughter.  So, your first step is to file an answer or response to the restraining order.  If the restraining order suit is already final and is not set to expire anytime soon, then you would need to file a motion to modify the restraining order to give you access to your daughter.  You don't mention if your wife and daughter are in the same state as you, but if she's in a different state, you would be better off hiring an attorney in the jurisdiction where the restraining order is filed.  They will be able to give you a better idea of the preferences of the local judges and help you develop a plan for gaining access to your daughter.

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