He is a horrible example to my daughter. He smokes marijuana around her and watches R rated films with her. I called child protective services, but they said they couldn't do anything.
2007-05-27 11:28:46 · 10 answers · asked by Ari's Mom 1 in Family & Relationships ➔ Marriage & Divorce
If you honestly can't afford a lawyer you may be able to get one to help you out for free by doing it Pro Bono, as they say. I believe most states require lawyers to take a certain number of cases for free to keep their license in good standing.
Call around, explain your situation and maybe go in and talk to a few if they give free consultations. If you can pay, but not much, they may reduce their fees for you or, since lawyers tend to know other lawyers, they may be able to refer you to someone else who can help you for a price you can afford.
Good luck!
2007-05-27 11:33:46 · answer #1 · answered by Digital Haruspex 5 · 1⤊ 1⤋
I would ask yourself first if you are SURE this is happening. After all you aren't there and if your daughter is telling you this remember sometimes kids play parents against each other or tell you what they think you want to hear. So before you go making accusations you better be absolutely sure they are correct.
Under no circumstances do you have the right to deny court ordered access unless he shows up drunk or stoned and then call the Police so you have a record of the incident. If he should take you to court for contempt you could be in big trouble.
If you still feel like you need to address this with the court and can't afford a lawyer go pro bono and do the paperwork yourself. Most courts will not cut visitation unless there is verifiable proof that he is abusing the child/ren. You may not feel it's the best environment for her but you cannot control what the other parent does or does not do. Just concentrate on doing the best for her when she is with you.
2007-05-27 11:56:33 · answer #2 · answered by Schmoopie 2 · 0⤊ 1⤋
You have good grounds to stand on in court but its only hearsay and that wont help you. The courts work off of hard evidence only so if you want t regain custody you better get some real good hard evidnce or really good witnesses first or not only will you waste your time and money on an attorney, youll lose in court. This is why child services really couldnt do anything; they couldnt find any evidence to charge them with and their report will be made available to the court too. Right now all you have is your daughters word against hr fathers and thats not good enough for court. Kids have been known to break down in curts and admit lying and you definitely dont need that. This is not to say your daughter is wrong but theres tremendous pressure for a kid in court to testify against a parent. Evidence would include any police or medical reports as well as any witnesses who personally observed this action. This is not easy and besides if you did have him ruled unfit in court, you still have to prove youre the better person to regain custody over a foster home. So please be careful in what you do here and definitely get the hard evidence before persuing this matter further. Good luck
2007-05-27 12:14:01 · answer #3 · answered by Arthur W 7 · 0⤊ 1⤋
I am answering this question Mainly because of John T who is advising you to commit civil contempt which could rise to the level of criminal contempt if you continue.
The penalties for doing so could mean anything from a fine to loss of custody. so, DO NOT take this ignorant advice.
As to your particular issue, what proof do you have that such events are occurring. I hear this kind of thing all the time but without clear and convincing evidence you have no hope of having the court deny the father his constitutional rights.
2007-05-27 11:39:51 · answer #4 · answered by hexeliebe 6 · 0⤊ 0⤋
You don't have to pay a lawyer refuse visitation until he gets his act togather. wait until he file's a grievence with the courts and then you tell the arbitrator the situation. you can also get supervised visitation for him. You are only protecting your child do the right thing if he truly loves your daughther he will change his ways in a hurry. GOOD LUCK.
2007-05-27 11:36:34 · answer #5 · answered by John T 2 · 0⤊ 2⤋
if the daughter is of age than have a school counlser talk to her. Also inquire with his neighbors as to his behavior, possibly they can have some insight on this or help. Also notify the police and hae them talk to your daugher. They will watch his every move. Document everything... every event. Than when it comes time you will be well prepared.
2007-05-27 13:49:55 · answer #6 · answered by William 2 · 0⤊ 0⤋
You need a good lawyer, not a cheap one. One who will be vigilant in getting things where they need to be. If you feel he is doing bad things, refuse to let her go. Just make sure you can back up what you say he is doing and can prove it.
2007-05-27 11:36:07 · answer #7 · answered by treasuredwife69 5 · 0⤊ 0⤋
Some of the other answers are good. But I want to ad something. Id he smokes pot around her, when you pick her up, go take her to her MD to get her pee tested. If you can smell it, it is probably in your system---- so having a UA that shows that she is exposed to pot might really help you. Just an idea.
2007-05-27 12:00:17 · answer #8 · answered by Anonymous · 0⤊ 1⤋
try getting in touch with legal aid - they have legal services for those who are low income. you also may want to try CPS again; maybe you just got someone lazy. it happens.
2007-05-27 11:32:22 · answer #9 · answered by scully 1 · 1⤊ 1⤋
make him have supervise visitation , if you can prove he up to that,,,,,,,,,,
2007-05-27 11:37:38 · answer #10 · answered by Anonymous · 0⤊ 0⤋