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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16578
Experience:  Licensed experienced Attorney
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HUSBAND periodic DRUG USER gets violent almost schizophrenic

Customer Question

HUSBAND periodic DRUG USER gets violent almost schizophrenic in nature separated and wife is now concerned to let son 4 yrs go to school or stay with sitter in case Father attempts to pick him up an she has no legal recourse to stop this from happening. What legal action does she need to take at this point to protect her son so that she can return to work? Mom is a school bus driver.
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.

Was child custody / visitation ordered by the local family court in this case?

Customer: replied 1 year ago.
NO NEVER BEEN TO COURT BEFORE
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

Unfortunately, until child custody / visitation is established by the court, both parents have equal rights to the custody of the minor child, so the only way to assure that the father's custody rights are restricted, is to file a Petition with the local family court to establish child custody / visitation and the judge will review the petition and will establish child custody / visitation based on what will be in the better interest of the minor child.

Also, if the father has caused harm to the minor child in the past, then a police report can be filed and if the harm was serious, the father might be arrested for child abuse and the criminal court might issue a restraining order against the father which would prevent the father from having any contact with the child, until the criminal case is resolved.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 1 year ago.
Expert:  Alex J. Esq. replied 1 year ago.