Have a ex who is telling people he is taking me to court to get custody of our daughter. I have an injuction, but it is five years old and I was told it can't be changed unless we go to court and the judge rules in his favor. He is very dangroues and fools others easily.We were never married. I have no paperwork saying I have custody but was told I have physical custody. Also that as long as the injuction is in affect he can't come near us. But how do I prove to a judge that he needs mental help and doesn't want custody to see her but to show he still has power over me and my life? what to do?
2006-06-17 15:13:04 · 5 answers · asked by Foxfire 1 in Family & Relationships ➔ Marriage & Divorce
wait until he carries you to court. dont let him take her anywhere by himself, because he can then file {in less than 24 hours} a temporary order for protective custody claiming you are a threat to your child. let him make the first move.
2006-06-17 15:17:57 · answer #1 · answered by pty4adime 2 · 0⤊ 0⤋
You are going to have to prove that he is unfit....and that is not an easy task. I was told that a guy could abuse his kids, and not lose rights....it's a nasty situation. Hopefully, his threats never materialize...
I do know that if has never had contact with her..he cannot just waltz in, and start visits. It would be traumatic for the child...if it has been a long time, he would need to start with phone conversations, etc...
It takes ALOT for a court to take custody away from a mother..which is good for good mothers, not so good for unfit mothers....but courts are very reluctant to take a child away from her mom....they would have to have proof that you were endangering the child, or something to that extreme. You should talk to a lawyer......just to be safe. If you have received no court notices yet...maybe you should just move away? If he can't find you, he can't take you to court, right? Best of luck.
2006-06-17 22:20:55 · answer #2 · answered by loubean 5 · 0⤊ 0⤋
Call up the lawyer you used in the past --- they keep records on file and should be able to produce the needed papers for the judge --- never be slack with legal standings --- do follow ups each year --- so you know the injunction is still enforce... What evidence did you have to prove your case in the past --- you can use the same stuff --- do updates - make sure those situations are still happening.
2006-06-17 22:36:15 · answer #3 · answered by jaimestar64cross 6 · 0⤊ 0⤋
it would be of benefit if you keep a diary about his visits with the child,also you need to keep in mind that you and him both have to have lawyers to even go back to court with this ,i know that sometimes that's all it comes down to,is who has the best lawyer.what ever you do,do not let him have this child without you to supervise.i hope all works out for you,good luck.
2006-06-17 22:32:03 · answer #4 · answered by deerwoman777 6 · 0⤊ 0⤋
Get a good lawyer.
2006-06-17 22:18:28 · answer #5 · answered by sweetstuff 2 · 0⤊ 0⤋