Family Law Questions? Ask a Family Lawyer Online.
Question: I'm dealing with a child abuse situation. I share custody with my ex-wife 50/50. I would like to know what my rights are to protect the two young girls. Where do I start?
Response: You start by filing Complaint for Modification of Custody and Visitation and requesting that the Court award you sole physical custody and grant the mother limited and supervised visitation with the children. The children cannot stay overnight at the mother's. You must tell the Court on your request, your reasons. You need to make sure to carefully and completely state your reasons for the request for modification. You would serve a copy of the Complaint and the Summons that you would receive from the Court on the mother so that she would have a chance to tell the Court her side of the story. A hearing would be held on your case and the Court would make a decision afterwards.
The forms for filing the Complaint are available at the Courthouse, where the Custody Order was issued, in the Clerk's Office. The forms are self-explanatory.
My daughters are ages 6 and 10. What kind of consideration would there accounts of what happened be given?
How much consideration is given towards written documentation and cell phone text messages?
How much consideration is given towards written documentation and cell phone text messages? Response: All evidence submitted in the case would be considered by the Court. I do not know the exact weight the Court would give to a particular evidence. This decision is solely the Court's decision.