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Recent Child Endangerment questions

I was accused of domestic violence against my partner of 10

I was accused of domestic violence against my partner of 10 years. I have no incidents of said behavior in past, however she does (DIR's and arrests for assaulting me but I refused to sign affidavit). Last June she charged at me and grabbed me pushing and pulling from behind. She received a bump on the head from running into my elbow which I had not realized what had happened till contact (definitely no intent). I told her it was an accident of her doing and she immediately claimed it was on purpose. Child was in bedroom watching tv with door closed unaware of what took place. She has had me arrested and twisted story and claimed child was present, requested and ambulance all to intensify outcome. I have been removed from my home, still paying the expenses while fighting criminal, ACS and family case ever since. My criminal trial is this week and now at the last minute DA is offering an ACD. My lawyer is making me feel as if I may not get a fair trial and should take the offer. I was told we can beat this and would like to clear my mane leaving no doubt this is true. I have a custody trail coming up and I know these accusations are to ruin my chances for fighting for my 8 year old daughter. There is also my 20 year old son whom I am custodial parent of since 3 from previous relationship, who was kicked out of home for no valid reason. child returned from school 2 months after incident, kicked out couple weeks later for no valid reason. I realize the difficulty with fighting for custody of a little girl in NY. Mother until recently has not worked in 10 years. She has taken me to court in past with false abuse claims whenever some issues came up in the home where I would question her actions and problems she was causing. She has taken child out of country for 6 months without me knowing anything, taken child to various homes to stay even a shelter. I know ACD is not an acceptance of guilt but it does not state without a doubt I am innocent and she is lying. II have other cases predicated on this case. I was told her past behavior will not be looked at here. This will be based on that moment, and even if I try to prove moral presumption, I can have "snapped" at that moment and committed accusations. I was told the DA will try to make something stick (harassment, assault, child endangerment). She is totally manipulating the system, this case and livelihood of my children and I. I have always provided a stable, consistent home for me and my family and never any issues with the law.

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FamilyAnswer

Juris Doctor

34,044 satisfied customers
My ex husband has filed a motion to modify parenting time.

My ex husband has filed a motion to modify parenting time. In his motion he is alleging child endangerment based on a DUI my current husband received last year with my daughter in the car. My ex husband has known about this DUI since March of last year, but just recently filed for custody because we could not agree on an out-of-state spring break visitation. I have had the majority parenting time for several years, is this different from custody? What is a reasonable out-of-state parenting plan? My ex is requesting that she travel from Colorado to Arizona every MLK day weekend, every presidents day weekend, every spring break, all summer (minus 3 days prior and one week towards the end), a 3 day weekend in April and October, Every Thanksgiving, Labor day weekend and he wants half her winter break every year. I'm loosing sleep over the endangerment allegations and I cannot afford an attorney. I also have a question about if he has a witness for the case if I will receive notice prior to the hearing or will he be able to bring anyone into court on the day of the hearing and I won't have time to prepare?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: Jefferson County Colorado and he filed form Maricopa County in Arizona. All proceedings will happen in Jefferson County COJA: Have you talked to a lawyer yet?Customer: I've spoken with several lawyers.JA: Anything else you want the lawyer to know before I connect you?Customer: There are some other details but it's a lot to type.

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LegalGems

Juris Doctorate

16,302 satisfied customers
I filed a CPS report against my ex son in law and the police

I filed a CPS report against my ex son in law and the police gave him the report (he knows them) before it was redacted and my name is ***** ***** it now they are attached to court files and I am discriminated against in court because of it what can i do?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: Minnesota Anoka CountyJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: not that i can think of

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Ely

Counselor at Law

Juris Doctor

68,078 satisfied customers
Lucy, As I mentioned before, I ordered the copy of my file

Good afternoon Lucy,As I mentioned before, I ordered the copy of my file from the court clerk and waiting for them to call me to go and make a copy. However, as I recall it took a whole year for my case to be judged and It might be a big file. When I go to pick up the file, what are the information that I have to look to get a copy from.

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Lucy, Esq.

Juris Doctor

32,594 satisfied customers
My son has a gps in his backpack. He has

My son has a gps in his backpack. He has communication/sensory issues so I got one for him when he travels to school on the bus alone, just in case for piece of mind. His father, gets him twice a week. Tuesdays and Thursdays. His father is fully aware there is a gps in the backpack and was okay with it. When he transports our son to his house he travels a minimum of 10 mph over the speed limit. The majority of the time he's traveling 72-74 in a 55mph area. 18 different occasions in the last 30 days. The gps tracks these things and records them on a website. My question is, is this considered child endangerment?JA: Because education law varies from place to place, can you tell me what state this is in?Customer: New YorkJA: Have you talked to a lawyer yet?Customer: Not yet. I want to figure out if it's worth my time bringing it to her attentionJA: Anything else you want the lawyer to know before I connect you?Customer: There have been times where he's not getting our son to his home until close to 11 PM at night on a school night

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Brandon M.

Attorney at Law

Juris Doctorate

8,532 satisfied customers
My question is about custody. about 2 yrs ago my husband and

my question is about custody. about 2 yrs ago my husband and I separated because he had an addiction. I had to take him to court for custody and i was granted sole legal and physical custody of our now 4yr daughter and he received supervised visitation.about a year ago we decided to work things out and moved back in together (around Nov. 2015).Recently, things have not been working out and he has become verbal abusive. During this time frame he also has neglected our daughter by refusing to put her in a carseat or seatbelt while driving his truck (he did this on several occasions), he also would take her on our neighbors pond without a life jacket despite the neighbors request that he do so. He was also drinking and driving on the way home from work (not with daughter in car) and didn't care. lastly, he left her at the barber shop one day with strangers in the shop so he could run to a nearby food lion for a few minutes.then most recently, about 4 weeks ago he got so angry at me that he physically assaulted me leaving a laceration on my arm. After that incident, i left the house and went to my parents and have been there ever since. In the past 4 weeks he has asked to see our daughter and i agreed with supervision only. He refused and still has not seen her but continues to ask for time alone with her. I respond every time with supervision only. i also got a protective order against him in the meantime.so my question is, first, is my original court order still valid since we lived together? and will the courts keep my order status quo because of the abuse, and child endangerment? i am very concerned about his angry and i don't want him to harm our daughter or put her in harms way.

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LawTalk

Attorney at Law

Juris Doctor

35,968 satisfied customers
I have sole decision making for my 1 year old. her father

I have sole decision making for my 1 year old. her father has visitation wed and thurs from 430 til 600. Due to work changing my hours for an audit on wed my daughter wasn't available for his visitation due to change in who could watch her. (Normally it is my Mother but couldn't do that late) I offered father longer Thursday visitation and he denied it. What can I do to protect myself? I have no choice in audits for work and have to attend as a part of my job. I gave him notice of this on Monday as soon as I got it. In sept I have to go out of town for an internal audit and my daughter will be with family while I am gone. what can I do?

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Lucy, Esq.

Juris Doctor

32,594 satisfied customers
I am per pro and preparing a final settlement on our divorce

hello,I am per pro and preparing a final settlement on our divorce case in CA. Date of separation 7/2014. a domestic violence restraining order was issued, in protection of myself and my now 10 yr old daughter, from my ex spouse.we have progressed, from no visitation, to an unsupervised visitation schedule btw daughter and Dad. Also, in criminal court, former spouse, took a plea of guilty , to vandalism of personal property. Spousal abuse and child endangerment charges were dropped in the criminal court, as part of plea deal . I also have criminal protective order until May 2018 due to this plea.exspouse wants joint legal custody as part of final divorce decree. I do not want joint legal with him. does anyone know, if CA family law code, restricts joint legal or physical custody, when there is criminal protective order in place? the criminal protective order protects me, only, not the child. The DVRO protects both me and the child. But Dad does have some visitation. thanks for your help!

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LawTalk

Attorney at Law

Juris Doctor

35,968 satisfied customers
My husband and I are separated and living in the State of

My husband and I are separated and living in the State of Virginia.We have been living apart since Feb. 22, 2015. We have one child. My "ex" is an alcoholic. He allows me to give him a pharmacy bought BAC before driving or caring for our son.My question is this: Is it considered child endangerment or child neglect if I knowingly let the unsupervised visitation occur with my 10 year old and his father, if I have reasonable knowledge that his father is legally drunk (pharmacy BAC) at that time and allow the visitation to occur unsupervised?

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LegalGems

Juris Doctorate

16,302 satisfied customers
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