How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask legaleagle Your Own Question

legaleagle
legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
Type Your Family Law Question Here...
legaleagle is online now
A new question is answered every 9 seconds

My current girlfriend has joint legal/physical custody of her

Resolved Question:

My current girlfriend has joint legal/physical custody of her 5 year old autistic son with her ex husband

1) ex-husband is harrassing ex wife constantly with text messages about scratches and bruises he allegedly finds on son's body when he picks him up. We are certain there was nothing on his body. How can we put a stop to this harrassment?
2) Ex husband called CPS on her alleging bruises, scratches, smoke and alcohol smells on his son. Case was dismissed as unfounded. But with constant texts about alleged bruises, etc, how can we protect ourselves from abusive "anonymous" CPS intrustions?
3) Speaking of CPS, the son is TERRIFIED of his father. He cries and screams and says "no daddy" all the time. When we drop him off at his dad's he panics and try to lock the car door. He is autistic. Is this something CPS can look into? WHen he sees his dad he holds it in but looks at his mom for help.
4) Is it legally bad to ask ex to contact me for anything about son and stop contacting my gf?
Submitted: 4 years ago.
Category: Family Law
Expert:  legaleagle replied 4 years ago.
1. She can get a protective order to stop the harassing text messages but since he is not threatening her life it may be difficult for her to get the conty to do it, she would need a private attorney.

2. There is no way to stop the CPS calls. You can sue him for slander if you prove he is the one making the calls and lieing and he can be arrested for fileing false reports if CPS feels he is abusing the system.

3. It would be better not to call CPS but rather hire a counsler/phsychatrist to evaluate the emotional harm the father is causing on the child and then petition the court to end visitation or only allow minimal supervised visits since it would be in his best interest not to be left alone with his father.

4. It is not illegal or wrong to ask the father to only communicate with you but if he does not agree he has the legal right to contact the mother, as long as it is not harassment.
Customer: replied 4 years ago.

1) But isn't it her legal right to be spoken to respecftully at all times? He was even making fun of her for being a "bad mother" when she was at school to get her sons papers taken care of.

 

2) How can we prove he is the one if he calls anonymously? At what point would CPS arrest someone for making too many false reports?

 

3) How could the counselor/phyciatrist determine that though if the father is lying and not cooperating?

 

4) What is legally defined as "harrassment"? Is texting to literally ask about a SCRATCH on his kids body considered harrassment? Is speaking in a disrespectful, commanding tone harrassment? I AM her new fiance and I do feel emasculated by all this since there is nothing I can do without breaking the law, apparently.

Expert:  legaleagle replied 4 years ago.
1. no there is no legal right to be respected. That is not protected under freedom of speech. So the county will not do anything for her but she can hire a private attorney to see an order to prevent him from calling.

2. You will not be able to prove this unless it is obvious like only he could have known the information that was given. If CPS knows it was him it is up to them when they get fed up but usually 3 false alarms and they start to get suspicious.

3. It is the child that would have to show or tell the counselor what is happening. She/he does not need to interview the father.

4. Harassment is doing something over and over after being asked not to with the intent to intimate or annoy the person being harassed. Texting to ask about a scratch is not harassment by itself. Speaking disrepectfully is not harassment.
Customer: replied 4 years ago.

Last question and I will accept:

 

Parents had a deal that mother will get child enrolled in school, father went behind her back and enrolled him, and now she can't unenroll him without his disenrolling him.

 

The school she wants to move her son to has a higher OFFICIAL API Score for 2008 (7 out of 10 as opposed to 5 for dad's school), has fewer disabled children (Autism, etc, which her son needs, so persumably he will get better attention), and in his dad's school, grades K-2nd grade are combined in one class, but in her school she wants, its kindergarden only.

 

Can we go to court over this and do we have a chance to change his school?

Expert:  legaleagle replied 4 years ago.
If there was no court order as to who had legal custody to decide on the enrollment of school, she will have to go to court to get a ruling on who should have this decision making right. It sounds like her school is in the best interest of the child and a court would side with her over the father.
legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience: Practicing attorney for 10 years
legaleagle and 2 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney