Tuesday, November 22, 2011

Fear for daughter need legal advice?

My ex-wife and I have shared parenting of our 5 year old daughter. She remarred a few years ago and has since had a new baby. About 6 weeks ago her and her husband split and he moved out. In the paper a couple days ago I saw he was charged with domestic violence. On the court page it says it is a M4 (verbal threat) and there is a warrent for his arrest. My question is should I do something about getting my little girl out of this situation in fear of her safety or would the courts even do anything? Since she is not his I don't know if he would hurt her but is it worth the chance? My daughters mother has told me nothing and probably won't so I don't know what the threat was but I do know she has had another man in her bed because my daughter told me so I don't know if her husband found out about this. I just need some advice on what to do. How ironic that the mother is trying to get full custody of our daughter because she has a more stable home.Fear for daughter need legal advice?
You must file a motion in the same court that awarded the divorce and provide proof, such as the domestic violence order you mentioned.Fear for daughter need legal advice?
I don't see any ';stability'; in her ';home';.


1- Talk to your lawyer. If you don't have one, get a good one.


2- Is there a restraining order on the husband?


3- If your daughter is in fear, she does not need to be around your ex-wife unless the visits are supervised in a safe place. These can be arranged and are common. I would not go to the social services.


Since you apparently have some sort of legal custody, you still have some advantages.
I would definetly save the article you found and maybe on the day you have your visit with your child have a meeting set up with CPS's and go talk to them and let them talk with your child too. It sounds like a bad situation for your child to be in. The courts move so slowly and CPS has so many but its worth a try before something bad can happen.
that is scary. i would confront your ex. tell her what you read in the paper and your concerns for your daughter's safety. i think if he's going to do something, it would be pretty quick, but run by your daughter staying with you til things blow over, see what she says...





she may think it's a good idea too.
I would seek an attorney QUICK....You could probably get custody, if you want it....ask an attorney....if your home is unstable, then your daughter may end up in a foster home, which could be horrible for your daughter. Good Luck...I am a Mother of 2....Our babies are our whole life...%26amp; we only have 1 chance with them....if someone hurts or worse kills them....ACT QUICKLY to help your daughter....my prayers are with you and your daughter.
She probably didn't know this new guy was a psycho. Take your daughter out of there ASAP. See if you can get help for her mom too. You wouldn't want your kid growing up without a mother.
If you have any fear at ALL about your daughter in any kind of danger.. you need to get her out. Or at least bring it up for the courts to examine
i would try to get your daughter back into your custody for fear of him doing something them
As far as full custody, it seems likely that the domestic violence violation will work in your favor. If you can find any evidence that the man had always been abusive, you could have a considerable case for full custody. However, if that man is out of the house then the abusive situation is ended (and legally didn't involve your daughter), so immediate custody transfer would not take place.


At best, you could offer to your daughter's mother that the daughter stay with you until the issues with her ex-husband clear up. Legally, there's no way to immediately remove your daughter from that situation.
Well if you truly have dual custody the courts might be able to help you, but generally they are going to stay out of it until there is a real problem.





The best thing you could do is try to talk to your ex-wife and see if she would allow you to keep your daughter until this trouble blows over. Explain to her that you know she is a capable parent, and would protect the child, but better to be safe than sorry, you would like to take the child temporarily.





If she is a good mother then she will understand and agree that it is better that your daughter temporarily stay somewhere safe for a while.
Well this will certainly blow her full custody case out of the water. I think you have a more then valid reason to take action. especially with the story in the paper. (good find) the courts job is to examine what is called ';the best interest of the child standard'; If the mother is in any sort of danger, it would not be in the best interest of your daughter to remain in her home. Further if she is having an affair, and doing it in her own home , this will also not fair well with a judge. I think you stand a very good chance here. If you don't already have an attorney, obtain one now. There are actually steps that can be taken to remove your Daughter from the mothers home now, while the case is pending...........Good luck.....
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