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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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this is a family law question. my ex hit my son. i have pictures.

Resolved Question:

this is a family law question.
my ex hit my son. i have pictures. now it is time that he picks him up for extended visitation. the father has not been involved. moved in with a woman he knows for less than a month. none has any interest to care for my son. DO I HAVE TO GIVE MY SON TO THEM??


PLEASE answer only if you have family and child custody background.
Submitted: 7 years ago.
Category: Family Law
Expert:  Dave Kennett replied 7 years ago.

DearCustomer- If there is a court order for him to have this visitation then you would be in violation of the court order if you deny him his visitation and you could be found in contempt of court. If you truly fear for your son's safety you should file for an emergency hearing with the court to suspend visitation due to an imminent danger to your child.


It will be your duty to prove the facts. The new girlfriend has no duty to have an interest in your child however if she presents a danger that would also be a factor. Everything matters when it comes to the well being of a child and it is the best interests of the child that concerns the court.


If you deny the visit and file the motion it is unlikely that you will be found in contempt if your evidence of danger is credible. Hitting a child should be enough to keep him from having unsupervised visitation.


Dave Kennett

Customer: replied 7 years ago.



please tell me what is credible?

he hit 3-year old boy, he admitted to hitting him by email. they are both irresponsible and just want to use the boy to manipulate me. how do i file for emergency hearing. this is provided a picture of his butt with 4 finger prints is enough to be credible. please help.

Expert:  Dave Kennett replied 7 years ago.

Well that sounds credible to me. What I mean is you have to have some physical evidence of these actions, like emails, pictures, etc. It would appear you have this versus just hearsay and one word against the other. That is what I mean by credible.


You would file your motion in the court that ordered the visitation and claim an emergency due to fears for the safety of your child.



Customer: replied 7 years ago.

and the fact that i did not file police report? i was afraid to file because i cannot afford a lawyer.


one more time, a picture of a butt with visible fingerprints taken by me

email from my ex admitting to "spanking" him


what can i get out of the court?

Expert:  Dave Kennett replied 7 years ago.

First of all you don't need a lawyer to file a police report since the prosecutor would be your attorney. I can't predict the outcome of any court case but if you have this type of evidence it would be my opinion that the court may order supervised visitation. No child should ever be physically abused,



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