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KimberlyLaw, Lawyer and Real Estate Broker
Category: Family Law
Satisfied Customers: 4195
Experience:  13 years of experience practicing law.
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I have two children with my ex. 14 and 12 (will 13 at the end

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I have two children with my ex. 14 and 12 (will 13 at the end of the month). Do to the fact that there is things such as drinking going on in the home of the father, and back on feb 28th the kids were removed from his home by the cops because the step mom was drunken and yelling at the kids and threaten to kick my youngest ass. I was wondering what I can do if anything so that they don't have to be forced to go up there if they don't want to. There is times I don't feel safe sending them up to him home. He has been arrested a number of times for DUI two years ago he was arrested for reckless endangerment. There is time the kids go to his house and things a broken because they got into a fight. Is there anything I can do.
Hello, I am happy to assist you today.

Do you have a court order for custody yet? Or are you just sharing custody on your own without a court order?

Customer: replied 3 years ago.

No we have a court order for custody.

Ok, great. There are two things you can do here. The first is that you should definitely go back to court and ask to have the court order for custody amended. You have sufficient grounds to demand full custody, and you have the right to ask for that.

The next thing you can do is file for an order of protection against him and his wife, explaining that you fear for your safety and the safety of your children. Whatever evidence of this you have would be helpful.

You definitely have the right to do something about this. You should not have to endure this type of fear and concern over the safety of your children.

Let me know if you have any questions.

Please do not rank my answer until we finish discussing.


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Customer: replied 3 years ago.
I have just one more question. Have I waited to long to do anything. I mean the last incident happen on feb. 28, but it always happens that way. Something bad will happen and then the father and step mother will do good for a while then it goes back to the same. I have always put the fathers feelings into factoring what I should do. But I feel like its time to do this for my kids. I'm done letting them go up to his place wondering if something bad is going to happen.
No, it's not too late. The judge will decide whether they think this is an imminent threat, but it sounds like you have enough information to show that.

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