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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111683
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My son lives with his mother approxomately 53% of the time.

Customer Question

My son lives with his mother approxomately 53% of the time. She is now living with a man whose own 18year old dayghter has given me a declaration stating that he was abusive and violent to her. Although she says he never hit her, she does say he pushed her up against a wall and then slugged the wall right next to her head. She tells of him kicking the family pets, and breaking bedroom doors. She also tells of him swinging a cane at her and missing. She says he rages and intimidates children.

My son's mother has been found by DCFS to be emotionally abusive to her 13 year old daughter. Can I obtain some type of order banning her fiance from having contact with my son?
Submitted: 6 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 6 years ago.

 

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

My son lives with his mother approxomately 53% of the time. She is now living with a man whose own 18year old dayghter has given me a declaration stating that he was abusive and violent to her. Although she says he never hit her, she does say he pushed her up against a wall and then slugged the wall right next to her head. She tells of him kicking the family pets, and breaking bedroom doors. She also tells of him swinging a cane at her and missing. She says he rages and intimidates children. My son's mother has been found by DCFS to be emotionally abusive to her 13 year old daughter. Can I obtain some type of order banning her fiance from having contact with my son?

 

Response: This would be very difficult to enforce even if the Court issues the order. You may want to try for modification of custody and request to have sole physical custody of your son so that your son would live with you most of the time and then the mother would get limited visitation. If your request is granted, then it would be less likely that the mother's fiancé would get ample opportunity to abuse him.

 

Customer: replied 6 years ago.

Does this scenario lend itself to getting full custody, or would I just be spinning my wheels?

Expert:  Phillips Esq. replied 6 years ago.

 

 

Does this scenario lend itself to getting full custody, or would I just be spinning my wheels?

 

Response: In this scenario you are seeking full custody (sole physical custody). In a custody case, the Court would make a decision based on what is in the best interests of the child by looking at the living arrangement of the parties to the custody dispute, their lifestyles, associations, parenting skills, education opportunity for the child, etc. If the Court finds after reviewing the factors that you would be the better parent, the Court would grant your request for sole physical custody. Otherwise, things would remain status quo. So, it is imperative that you provide to the Court any and ALL information regarding the mother's living arrangement and her fiancé so that the Court would make the right decision. Remember that the Court can only make decision based on evidence presented to the Court and nothing else.

Customer: replied 6 years ago.
Relist: Too general. I already know everything that was told me. .
Too general. I already know everything that was told me.
Expert:  Law Educator, Esq. replied 6 years ago.
Your previous expert was correct. In a custody action of this nature seeking to modify custody, the fact that the person the other parent is living with has a past history of abusive behavior with their own child is indeed a ground the court would strongly consider in reevaluating the custody arrangement and it would indeed have a bearing upon what is in the best interests of the child. The abusive nature combined with the fact she is living with a man to whom she is not married would be grounds in your favor in determining the best interests of the child would be to change custody to you.


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