For the last 2 years I've battled my ex over my daughter. He doesn't stick to the court ordered vistation. Anything that is ordered in court he thinks is joke. This past month or two has been rough. He's been calling like 50 times aday leaving threatn messages, my daughter is histrical, tonight he called the cops on me. he told them I was abusing my daughter. The cops came didn't find 1 mark on her body. I need him out of her life. He is only do damage to her. I feel I need to take her to therapist for everything but as other things he doesn't pay ordered child support, and I can not afford to take her to a therapist. Can I have his rights terminated or heck even modified would do. Right now he has one weekend a month. I don't know how much lower it can go. But this is emotionally damaging to my daughter and me. I filed papers in san diego, I just filed 2 days ago 2 have the case moved here to where we both live. Can I file an emergancy hearing in fear of my daughters safety?
2007-03-22 18:32:53 · 4 answers · asked by harmycj 1 in Politics & Government ➔ Law & Ethics
sure. file and injunction against the existing order of visitation and site the fact that he is causing emotional and mental stress to the child. it would be a health and welfare issue and the court could issue a non-contact order if they find that he is in fact a detroment to the childs welfare. under those circumstances he would not be allowed any contact with you or the child till the courts feel he is able to do so, which usually takes lots of time and all kinds of sensitivity classes.
2007-03-22 18:40:18 · answer #1 · answered by nyxcat1999 3 · 0⤊ 0⤋
I'm in a different state so laws may change.. But I would think you could call in a sooner date in light of proof of this.. I mean sounds like harassment of the worst kind. That, and I would request a patrol by you local police. This as a just in case of a big blow out. God forbid.! This question is best brought to any attorney u can find. Remember the courts due appoint even if u cannot afford. So u can get your advice there. I hope you, and your daughter find clarity..
2007-03-23 02:06:50 · answer #2 · answered by dropgroup 1 · 0⤊ 0⤋
Yes, depending on the rules of the state. Also, the court would consider your daughters wishes and needs. If she is truly afraid of him, it will come out.
2007-03-23 10:20:47 · answer #3 · answered by Dr. Luv 5 · 0⤊ 0⤋
Yes, apply for a restraining order ASAP. You probably can't modify his rights, but you can force him to stop the harrassment.
2007-03-23 01:38:07 · answer #4 · answered by Anonymous · 0⤊ 0⤋