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Brandon M.
Brandon M., Counselor at Law
Category: Legal
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Experience:  Attorney experienced in numerous areas of law.
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I have joint custody of our 2 girls. We are both remarried,

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I have joint custody of our 2 girls. We are both remarried, been divorced about a year and a half. He drinks all the time and sends me and my older two children horrible text messages when he is drunk, he calls us names and tells them bad stuff about me and cusses me out and its just non stop for hours. We ignore him but it just keeps going. He has come to the house and tried to get my husband out of the house to fight and threatens him in texts. The girls are to the point they dont want to be there anymore. I have changed child support to automatic withdrawals so i dont have to ask for it, and i changed all our numbers but he found them and started harrasing us again. What should I do? Can I get full custody for that? He even beat his wife up a couple weeks ago and she had him taken away but didnt file charges. He is always drunk! I'm to the point where if i dont hear from my daughters when they are there I worry about them. How do i get him to leave us alone and do i have a chance to get full custoday?

Hello there:

 

child custody orders are made in the best interest of the children. If even half of what you are saying is true, you would have a very strong case for full custody--at least until dad has completed some AA classes, anger management classes, parenting classes, and demonstrated with time that he is ready to join the rest of us as productive members of an organized society. Do what you need to do to protect your girls.

 

Let me know if I may be of further assistance. Thank you.

Customer: replied 6 years ago.
All of the above is true, there is much more actually but it would be too lengthy to get into. Can you tell me what I should do or get prepared to find a lawyer and go for full custody or should i try to get a restraining order first? I havent talked to him on the phone for atleast a year or even seen his face, everything he sends is by text or email, is there a way to get a restraining order for that?

Hello again:

 

a restraining order is available where someone has engaged in a pattern of behavior that serves no legitimate purpose and is intended to annoy, harass, stalk, intimidate, etc. If he is making threats of physical violence, that is usually more than sufficient for the court to intervene.

 

It is always a good idea to use an attorney if it is financially possible. Given the seriousness of your situation, I would strongly recommend that you at least hire an attorney for 1-3 hours to put together your paperwork for you, even if you cannot afford full representation.

 

My opinion is that you are going to file for both the custody change and a restraining order, it usually makes sense to file for both at the same time.

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