Family Law Questions? Ask a Family Lawyer Online.
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This is a question that I would prefer to chat with you live about, so that I can address your questions and follow up with any answers to fully satisfy you. Please post something in the chat when you return, and I will promptly return to this chat and discuss the course of action you should take! Thanks and I look forward to speaking with you.
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Fantastic, how are you today?
I'm fine thank you
Great, please await patiently and I will provide your answer and you can then ask any follow up questions.
One question first.
Is there any court orders in place with regard to custody, or child support?
there is a child support ordered by the court
Ok, thank you.
In this instance it would be beneficial for you to go ahead and file to have a custody/visitation order put in place. Generally speaking a family law court will order the arrangement, and provide as a part of that arrangement what is known as standard parenting clauses. These clauses provide for recourse in the event that the father berates you on the phone, or states to the child negative things about you as a parent and a person. Verbal abuse is covered in these clauses, and upon presentation of proof to the family law court, the court could find him to be in contempt, and there are many avenues of remedies if he would be found in contempt of court for the actions that he is taking.
They could place him in jail, they could fine him monetarily, they could restrict even more access to the child etc.
However, in order to have a good case with this regard, you are going to need to be able to record the conversations, or actually have your child testify.
So I just go and file these papers of Custody/visitation? Is it together? and that will not affect the child support order
No that would not effect the support order unless you are seeking to modify it.
would my husband be able to testify of the verbal abuse?
and the complications it causes to the marriage
The custody/visitation order would be together, and yes your husband could testify to the abuse, as long as he personally heard the conversation.
He would have to have "personal knowledge"
He could testify to the complications with regard to your marriage without worrying about it being hearsay
explain the "testify to the complications"
This route, does require you to allow the conduct to continue, but the filing of the petition for custody/visitation allows for a court order that provides you with custody, and him with visitation periods with the child. Further, with that order, comes the clauses I stated, and as such, would allow you to seek judicial relief from his conduct.
Your husband could testify not only to the act by your ex-husband, but how those actions (verbal abuse) is effecting your new marriage.
Ok..I believe I understand now...I will try both methods...recording him and the other thing from my husband...the father usually has no control over his conduct once I say something he doesn't like..he's kind of like a bully and when I retaliate by not agreeing with what he says he begins to berate me
I understand, and I am sorry to hear that!
Do you have any other questions. It appears you understand, and while unfortunately you have to subject yourself to it again, it will provide you with the evidence you need.
If you do not have any other questions please do not forget to provide a rating!
Do you have any other questions?
No more questions..thank you very much...I will proceed to follow this advice.
thank You so much
You are most welcome!
Have a great day
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