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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7441
Experience:  Experienced Family Law Attorney
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My husband had joint legal/physical custody of s daughter.

Customer Question

My husband had joint legal/physical custody of his daughter. In September her mother started dating a man. On Thanksgiving she gave us notice they were moving in together. One week later she moved in with him. He is warrent'ing on violent crimes and is at the least a former meth user, and beats up women. We immediatly filed an objection to the relocation and a motion to modify. As of yet, the child had not been harmed by him or witnessed any abuse of her mom (only the aftermath of a beating). We have reported to CPS who tell us there is nothing to do at this time. She first evaded being served to buy time. We are beyond the 30 days to respond. We were.in the middle of filing a parenting plan with the court in order to ask for a default judgment. She was due to respond by 2/27. She obtained a lawyer, after being almost 30 days beyond the required date and the lawyer filed for an extention and it was granted. Is there anything we can do to speed this up as we know she is doing this to buy time? We feel an urgency to get the child out of the situation, not wait several months. What would you do?
Submitted: 8 months ago.
Category: Family Law
Expert:  LegalGems replied 8 months ago.

I am so sorry to hear of this;

generally the courts will not consider ex parte emergency orders unless there is a threat of imminent physical/emotional harm to the child; so that would require waiting until there is a scheduled hearing;

If there is concern of the following:

  • Allegations of physical or sexual abuse.
  • Threats of same.
  • Abandonment of the children.
  • Some measure of custody was awarded to a convicted sex offender.
  • Allegations of substance abuse which put the children in danger.

that would be a grounds for an emergency order; but absent that unfortunately there is nothing to do unless the other parent agrees to modify custody pending the hearing.

Customer: replied 8 months ago.
Our system is so messed up. How hard is it to get a drug screen on mom AND they boyfriend?
Expert:  LegalGems replied 8 months ago.

Yes, it is, unfortunately. Drug screen on the parent would be more likely - if there are allegations of drug use, the court may order it (and they often will so long as they believe the allegations or there is a prior history). On the third party, that is very unlikely. They would typically need to consent to it. However, if there is a history of violent crimes and drug usage, then the court can state that the child cannot be in that person's presence UNLESS a negative drug test is submitted to the court. That would be a possibility.

Expert:  LegalGems replied 8 months ago.

Kindly rate positively if no further questions. Thank you