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Roger, Attorney
Category: Family Law
Satisfied Customers: 30896
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Divorce finalized in Hamilton county Ohio Oct 2015 and

Customer Question

Divorce finalized in Hamilton county Ohio Oct 2015 and separated since Nov 2014. Several issues with ex husband and shared parenting plan, such as lack of communication, inability to follow plan (especially regarding his required parenting classes and mutual co-parenting counseling), and blatant disrespect. I now find out (via children) that his girlfriend moved in the home. He previously had a relationship with this person prior to the marriage and there was problems with her temper and physical abuse (she hit/stabbed/scratched him). Upon review of a background check (found out her name from FB) she has charges of unauthorized use of property M4, Battery domestic violence, Petite theft first degree, and aggravated battery (deadly weapon) ... in addition to this I suspect he is using drugs and alcohol (diagnosed alcoholic with intensive outpatient treatment previously) ... I have an appt with attorney on 6/27 but he is suppose to have extended time next week from 6/20-6/26 and I do not feel my children are safe in that home (ages 16, 4 and 3). I am willing to file motion myself with courts but not clear on my rights in this situation and/or what form to file. Can I deny extended time? What can I file with courts so that documentation is on file prior to my denial of time?
Submitted: 4 months ago.
Category: Family Law
Expert:  Roger replied 4 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 4 months ago.

The current court-ordered visitation schedule is the rule of law in this matter and you must abide by it unless the court enters an alternate order. That said, you can file an emergency petition for a restraining order and ask the court to suspend all visitation with him until the court addresses these issues -- most important of which is the new live-in partner.

Expert:  Roger replied 4 months ago.

IF you file an emergency petition for a temporary restraining order or injunction for the current visitation schedule, the judge can enter an order suspending the current order and allow you to keep the child until there's time to have a hearing on the issues and determine what to do with situation in the long term.

Expert:  Roger replied 4 months ago.

Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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