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 LADY LAWYER Your Own Question

LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience:  Family Law Attorney
7887522
Type Your Family Law Question Here...
LADY LAWYER is online now
A new question is answered every 9 seconds

My children are headed to their Dads house this weekend.

Resolved Question:

My children are headed to their Dad's house this weekend. I've just been notified in the last 2 days by his 2 now ex roomates that he has been drinking excessively all the time now, even when he has one or both children, (appx. 24 pack per night and that I'm sure is in addition to plenty of marijuana use) and that he is 'screaming' at my son 'all the time'. My son, age 5 goes every other week and my daughter, age 2, goes for 2 days every other weekend. My son has been coming home very angry, aggressive and somewhat depressed. He has had several altercations with other kids, especially boys where he has hurt them intentionally without provocation. I imagine this may be the result of him experiencing overly abusive language and treatment at his father's. I don't have a lawyer, can't afford one, and would like to know if there is anything I can do to ensure their saftey.
Submitted: 1 year ago.
Category: Family Law
Expert:  LADY LAWYER replied 1 year ago.

LADY LAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you today. Please give me a moment to review your question and to answer you.
LADY LAWYER : Do you know if the ex roommates would be willing to testify to this or at least to sign sworn affidavits saying this? Have you already filed the paperwork to change the venue?
Customer:

I haven't filed the paper work yet. Both roommates agreed to give a sworn statement.

LADY LAWYER : Okay good. And is the current county that has jurisdiction close to you?
Customer:

120 miles away. I will mail paperwork the same day I take it personally into the court.

LADY LAWYER : okay, well here's the thing...You can file for an emergency ex parte hearing in the county that has jurisdiction now and get a temporary order keeping him from getting the kids. If you file to change venue, you may be several months out before the court rules on that motion and it may mess up any emergency motion you try to file.
LADY LAWYER : So it would be best just to file the emergency ex parte motion and file for the transfer of venue at a later date.
LADY LAWYER : If you are worried about their immediate safety, you can do it the other way around.
LADY LAWYER : Sorry, are NOT worried
LADY LAWYER : Hi, you there?
Customer:

Do I have grounds to file such a petition? He has not physically abused them as far as I know- although my daughter expressed unusual fear of him the last time he took her. I don't want to seem like I'm being confrontational. I am just worried about whether or not they are getting the care they need to be healthy, happy children. I plan to attempt full custody during the school year for my son, since he starts i the fall. The father has expressed that he will fight me on this

Customer:

Everything since January and a large portion of last year has been documented on my side. Where they were, overnights, etc. And now, conversations, unusual behavior, etc that I have noticed over the past few months.

LADY LAWYER : If he is doing emotional harm to the children, then you absolutely have grounds. If you son is acting out and you think it's related to the time with his dad, you have grounds for it.
Customer:

He has a nasty lawyer. I don't have a lawyer and do not have the scheduling capabilities to be in court in that county. Will I be able to appear by phone?

Customer:

What kind of proof would I need to get an ex parte?

LADY LAWYER : Ugh, okay. Him having counsel will make this harder on you. But yes, you should be able to appear telephonically. To see if you can before you file the motion, call the judge's judicial assistant and ask if he allows it and also what the procedure is for requesting this. The clerk should have the number for the JA.
Customer:

What if I got counsel?

Customer:

my apologies for redundance

LADY LAWYER : You don't need proof to request one, you only need to plead in the motion that the children are in imminent danger of being harmed or are being harmed.
LADY LAWYER : no worries!
LADY LAWYER : To get what you are requesting granted, the two affidavits should be sufficient.
Customer:

'plead in the motion'? does that mean just state what I've been noticing in the last few months? And the two affidavits? How do I get those?

LADY LAWYER : Counsel MAY try to argue that the people need to be there in person to testify. The judge could continue the hearing to have them testify in person or telephonically.
Customer:

Can the witnesses just write and sign a statement, with notarization, of course?

LADY LAWYER : plead in the motion just means state in the motion.
LADY LAWYER : That is what a sworn affidavit is, exactly.
Customer:

Just so I have this completely accurate, I can ask the two room mates to write a statement, sign it and have it notarized and that will work as proof?

Customer:

Along with my statement, of course. My child care provider is also willing to submit a statement regarding my son's behavior. Should I include this?

LADY LAWYER : Yes, in theory and most of the time in practice. Don't know if ou saw my earlier post about counsel arguing that they needed to give oral testimony.
LADY LAWYER : yes, you should include the statement from child care
LADY LAWYER : That would make a very strong case.
Customer:

I did see that. the girl room mate is still caring for my son and expressed reluctance to appear in person due to the current relationship and having to deal with the father still. Not sure about her boyfriend (the other room mate)

LADY LAWYER : Sorry, I had to reboot.
Customer:

no worries. :)

LADY LAWYER : I understand. In any case, you do need to get the sworn affidavits to start and if counsel objects to them not being there in person, you can tell the judge why they are uncomfortable and he can go off the affidavits over counsel's objections.
Customer:

What about child welfare services? Would it be helpful to make an anonymous call when I know he is drinking with the children? Can they do that?

LADY LAWYER : yes, it's just that they may not go out right away and if they wait until the next day, everything may appear fine and they will close the case. Then he will be able to use that against you in court.
Customer:

That's what I was afraid of.

LADY LAWYER : You could always have the police do a welfare check and they can make a report, which would have his drinking in there, if they catch him.
LADY LAWYER : but you would still have to go to court
Customer:

I understand that. Just want my babies safe. I worry about father's retaliation once court has been initiated. Gotta go. Thanks for your advice.

LADY LAWYER : You are so welcome! If you have any more questions, just let me know.
LADY LAWYER : if not, please don't forget to rate my answer before you leave. It is the only way the site will compensate us and it costs you nothing further to do. Thank you!
LADY LAWYER : Sorry, the chat has a glitch and I had to manually enable the rating button for you. I have done that now.
LADY LAWYER : oh the joys of technology!
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience: Family Law Attorney
LADY LAWYER and 2 other Family Law Specialists are ready to help you
Expert:  LADY LAWYER replied 1 year ago.
Hi Chandra,

I see you checked in this afternoon to view our session from yesterday. I must not have caught you before you signed off, but I had the rating system disabled yesterday when you tried to rate my answer. I have it enabled now. Rating an expert is the only way the site pays us a small position of the deposit you leave with the site. I am happy to help you further if you should need it, but if not, would you kindly leave me a rating at this time? Thanks so much!

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
 
 
 

Related Family Law Questions

Chat Now With A Family Lawyer
LADY LAWYER
LADY LAWYER
Owner of my own law firm
1659 Satisfied Customers
Family Law Attorney