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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 13548
Experience:  Licensed experienced Attorney
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I have full custody of our 2 children, and my ex has only visitation.

Resolved Question:

I have full custody of our 2 children, and my ex has only visitation. He has recently got a girlfriend and is spending the night with the kids at her house with her 2 children as well. My five year old daughter is fearful of his girlfriends son who is 5 as well. She has been hit and, is scared of this child. My 11 year old confirms this child's odd behavior, and I have tried to speak to my ex about how I don't agree with these (sleep overs) and the effect this child of his girlfriend is having on my kids....especially my daughter. Have an suggestions?
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Was any injury that the girlfriend's 5 year old caused to your 5 year daughter documented?

What is the Father's position on this issue?

Are there any other issues with this sleepovers?
Customer: replied 1 year ago.
No injury to my daughter.. My ex denies it ever happening. It was not witnessed and my daughter is very upset that daddy doesn't believe her.

This was the first sleepover, and I am very against it ....they are just dating and I feel that is not the correct message to be sending tho a five year old. My ex states it is the only way he can spend time with his girlfriend .
Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

Unfortunately, under the law, each parent can spend their court ordered part of the timesharing with the minor children anywhere not prohibited by the court, as long as, the child is in a safe and proper environment.

If you feel that your minor children are no safe or exposed to some sort of imminent or potential harm to your minor children and you can substantiate your position by clear evidence, then you could file a Petition to Modify Custody / Visitation and ask the court to restrict the father from engaging in any activity that is harmful to the minor children or to take them any place that is not properly suited for your minor children and the judge will review your petition and will make a determination based on the facts and evidence presented.

Unfortunately, based on the limited facts you have provided, it sounds that someone in a position similar to yours, would have to gather more evidence of child abuse or potential harm, before pursuing any feasible court action.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 13548
Experience: Licensed experienced Attorney
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