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Do I need a lawyer?

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  • Do I need a lawyer?

    I have full care, custody, and control of my daughter and Parenting timenin the child custody order states the following for my daughters father:

    "Specific parenting time shall be granted to the non-custodial parent as follows: Father shall enjoy parenting time with the child at all times the parties can agree upon.
    All overnight visits will occur at the home of the Paternal Grandparents at this time but other than that the Father will not be restricted in his parenting time.
    Father is not allowed to take the child anywhere where he knows that there is any type of illegal drugs being used by any residents"

    The father no longer lives with his parents, his sister and her husband still do. His sisters husband has TWO sex crimes pending against him (sexual battery and sexual misconduct with a minor, two different cases with two different women) The father was living with his aunt and I agreed that my daughter can have over night visits there, he has been kicked out of this residence and now lives with his uncle who he used to get high with. I do not want my child there, to visit or to stay over night.
    Am I obligated to hand my daughter over for visitations althought I fear for her safety?

  • #2
    re: Do I need a lawyer?

    I wish to inform you that you can have child custody modified with a provision to cater that child does not come in contact with sister or her husband. Further child has to go to place of grandparents and if they do not live with father then father may not take kids without your permission. Court considers best interest of child as main consideration in determining any issue related to child.

    AFF

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    • #3
      Re: Do I need a lawyer?

      You can make a request to the court to modify an existing court order because of a change in circumstances. Generally, a court will not consider altering a child custody arrangement that appears to be working for all involved parties. Primarily, a court's concern is the best interests of the child, meaning that a court will not want to interrupt a child's way of life and well-being for frivolous reasons. A court will scrutinize the reasons why a parent would consider altering a child custody arrangement before ordering a change to the current custody order.

      So under these circumstances it’s better to seek the services of an Attorney.

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      • #4
        Re: Do I need a lawyer?

        You are required to follow the court order, which is clear in its dictates. Failure to do so can cause contempt charges and potential loss of custody.
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

        Comment


        • #5
          Re: Do I need a lawyer?

          Originally posted by concernedmother View Post
          I have full care, custody, and control of my daughter and Parenting timenin the child custody order states the following for my daughters father:

          "Specific parenting time shall be granted to the non-custodial parent as follows: Father shall enjoy parenting time with the child at all times the parties can agree upon.
          All overnight visits will occur at the home of the Paternal Grandparents at this time but other than that the Father will not be restricted in his parenting time.
          Father is not allowed to take the child anywhere where he knows that there is any type of illegal drugs being used by any residents"

          The father no longer lives with his parents, his sister and her husband still do. His sisters husband has TWO sex crimes pending against him (sexual battery and sexual misconduct with a minor, two different cases with two different women) The father was living with his aunt and I agreed that my daughter can have over night visits there, he has been kicked out of this residence and now lives with his uncle who he used to get high with. I do not want my child there, to visit or to stay over night.
          Am I obligated to hand my daughter over for visitations althought I fear for her safety?
          You have to follow the letter of the custody decree. If you know the father is taking the child anyplace where illegal drugs are being used, then you are not obligated to send them.

          To keep yourself out of dutch with the court, you need to document the file as to what is currently going on -- in sworn affidavit. The situation with the grandparent's home -- sex offender cases pending against him -- currently living with a known drug user he used to get high with. And any other concerns you have.

          You might wish to consider filing a petition to modify visitation to supervised visitation only, at a licensed facility rather than with parents, friends, relatives.

          It is always wisest to have a lawyer representing you, especially in family law matters.

          Comment

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