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LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6536
Experience:  Family Law Attorney
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My children are headed to their Dads house this weekend.

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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.

LADY LAWYER : Hello, Thanks for choosing! 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?

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?

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?

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


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.

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?


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.

What if I got counsel?


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.

'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.

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.

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?


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.

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.

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.

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.

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

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 and 3 other Family Law Specialists are ready to help you
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!