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Thoreau (T-USA)
Thoreau (T-USA), Lawyer
Category: Family Law
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hi my wife and i have joint leagel custody with me being primary

Customer Question

hi my wife and i have joint leagel custody with me being primary our ciurt date was jan 10 and she pays child support but has not paid since she was living with her boyfriend when we went to court she called me like a week and a half after court say how much she loved me and missed me and that him and her was not going to work out so i love her btw he hit her so she put a 2yr resring order on him for it and has stopped her from leaving the house when izzy was n the car she is 5 well we were working things out and when she came home she had a drug issue she was hooked on pain pills putting them up her nose i tryie to get her to stop it didnt work he keep calling her so i got her a new # XXXXX she called him with it i asked her why she was doing this to us again he is bad news she said idk she left me why i was at work and said she didnt make me happy we did not see her for 12 days his ex had to put a resring order on him to i filed for sole,not changing her adress,and not paying izzys cs i dont want izzy around him it hard to tell what he may do our court date is may24 her vistasion is tu th and every ouher weekend i want it to be supervised wife was in rehab for 5day pls help
Submitted: 3 years ago.
Category: Family Law
Expert:  Thoreau (T-USA) replied 3 years ago.

Please clarify:

What is it that you want to know?

 

Thanks!

Customer: replied 3 years ago.
i dont want the boyfrend around izzy
Expert:  Thoreau (T-USA) replied 3 years ago.

I understand.

However, I need to know what you want to know so that I can answer your question.

We don't provide legal advice or legal services here.

We answer informational questions.

 

Did you have a question about the law?

 

Thanks!

Customer: replied 3 years ago.
what do i need to do to make it happen
Expert:  Thoreau (T-USA) replied 3 years ago.

If a parent wants to have visitation restricted or revoked, the parent may petition the court to do so.

The court evaluates visitation in accordance with the best interests of the child.

Courts look at the dating partners of parents in making such decisions.

If it can be shown that a parent's dating partner has a history of violence, domestic violence, etc., that can be sufficient to restrict or even revoke visitation with a parent.
Further, if a parent is living with a dating partner but is unmarried, courts may consider that when determining whether or not to permit overnight stays.

 

Your next step now is to gather all of the evidence that suggests that the current visitation is bad for the child and you should immediately present that to your attorney.

Your attorney will then attempt to show the court why the visitation schedule should be altered.

Customer: replied 3 years ago.
what do i need to gather?
Expert:  Thoreau (T-USA) replied 3 years ago.

Any information that you think might support your claim that the environment isn't good for the child.

For instance, if you know that the other person has prior criminal convictions, you should tell your attorney about that.

You should tell your attorney about your ex's restraining order against the individual and the prior domestic violence act.

You should tell your attorney about her drug use.

If she's doing something or exposing the child to something that's not good for the child, you should share this with your attorney.

Information like that can be helpful to your attorney in pursuing restrictions on the other parent's visitation.

Further, if there's any other evidence than your personal knowledge (emails, witness testimony, etc.), your attorney needs to know about that as well.

Customer: replied 3 years ago.
i dont have a attorney
Expert:  Thoreau (T-USA) replied 3 years ago.

Okay. As mentioned before, you need to retain one for this process.

The legal process is complicated and difficult.

Laypeople typically can't effectively represent themselves in court because they don't know enough about law or procedure.

Unless you're prepared to spend days in law libraries studying the law and procedure, this isn't something you should be trying to do yourself.

Even then, you'll probably be unable to do as good a job as an attorney. Attorneys go through years of study, pass rigorous exams, and undergo additional legal education to become competent.

Unfortunately, you really need to retain an attorney.

 

That said, if you can't afford one, a local legal clinic may be able to assist you for free or at a discount.

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