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Recent Physical Abuse questions

How does a pro se prepare for child custody case in the home

How does a pro se prepare for child custody case in the home state? What are some things that I can do to prepare, when proving a parent unfit is not on the table?I was granted a emergency pick up order and have an upcoming court date to domesticate in the state where child is being held? How do i prepare for that hearing aswell?

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TJ, Esq.

Juris Doctor (JD)

10,642 satisfied customers
I have made friends with a very nice undocumented immigrant.

I have made friends with a very nice young undocumented immigrant. She has been here 7 years and has an American born son that is 4 years old. Her ex husband lives in Atlanta and provides no financial or parental support but is very threatening of her with her current status, not even considering his own. I also understand that he was physically abusive to her in the past which led to their separation. That being said, all she has is a passport and a Mexican ID Card and wants to take her son back to Mexico to see her biological parents but the ex husband has threatened to contact authorities and report the child being taken without consent. There are no legal papers for custody but she does possess all of the child's documentation.What can she do to avoid further conflicts with this once abusive and absentee father?

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Ely

Counselor at Law

Juris Doctor

63,770 satisfied customers
My kids father and I got into a fight and guns were drawn

My kids father and I got into a fight and guns were drawn and he was arrested (The first and only time this has happened). Our kids were in the home at the time so now the Department of Children and Families are involved. I was advised to get a restraining order and file for a custody agreement within the courts. I did but the restraining order was dropped and I do not want to press charges, I just want counseling and mediation for my family. He has been a great dad to the kids never harming them but our relationship was not a good one due to constant arguing NOT physical abuse. We have had physical altercations before but it was more pushing one another. When the DCF worker came to my home she implemented a safety plan which expires tomorrow and wants me to move out of my home. She also told me to not drop the restraining order and the charges or else they would take my children away, which is crazy. I have always been a great mother, a active member in society, volunteer and work 2 jobs to provide for my children and don't want to lose them but I also dont want to press charges or keep a restraining order in place just to please DCF if it will hurt my children and our family. We lived together but he can not return to the home due to the no contact order with the domestic violence charges pending but I did advise the state prosecutor and the public defender I do not want to press charges I just want this situation mediated and counseling for us all. The state says they decide whether to move forward or not and that could posssibly have my kids testify in court. THEY ARE 5 YRS OLD btw which I believe is a scare tactic. I dont know what to do or what I can do, but I don't want my children taken away but I dont want to be pressured or forced to incriminate their dad or myself. What can I do now, I need some legal advice?

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originallawyer

Attorney at Law

Doctoral Degree

1,520 satisfied customers
I have a question. I live in Maryland married less than a

I have a question. I live in Maryland married less than a year, husband has lived with me in the house that I own for about 6 months. My question is how can I get him out? He has no job and pays no bills. Do I have to evict him?JA: Have you talked to a lawyer yet?Customer: I have notJA: Anything else you think the lawyer should know?Customer: We have no children

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FamilyAnswer

Juris Doctor

29,760 satisfied customers
My ex-fiancé and father of my 5 yr old son keeps harassing

My ex-fiancé and father of my 5 yr old son keeps harassing me with verbally abusive calls and lengthy texts. We have no formal custody agreement but our son has been living with me since we separated he was 2 yrs old. Over the past 3 yrs I have had physical custody of our child and he has never provided ANY financial support or child care. About a year ago his dad decided to move up to LA (which is about an hour north of us). A few weeks ago he started demanding that our son stay up in LA with him every other weekend. I will not allow this to happen because I do not believe our child would be safe. He has no car and his drivers license is suspended because he got his 3rd DUI a couple of years ago. He lives in an incredibly dangerous neighborhood and rents a couple of rooms in a large house, where he has been robbed on at least two occasions. He is unemployed and has no real friends, family nor support system nearby.I am wondering what my legal options are in response to this situation and what kind of actions I can take to protect my child and put a stop to the incessant harassment and verbal abuse. He has never been convicted of domestic violence, but he has been physically abusive to me in the past. Police have come to the house on numerous occasions and I am now requesting copies of these reports.I put in a call to a reputable child custody attorney the other day and I'm waiting to hear back from him now. But in the meantime, I would greatly appreciate any legal advice or insight you can provide on this matter.Thank you for your time and expertise.JA: Because family law varies from place to place, can you tell me what state this is in?Customer: CAJA: Have you talked to a lawyer yet?Customer: Not yetJA: Anything else you think the lawyer should know?Customer: The father occasionally takes the train down to Orange County to spend time with his son. When he comes down he usually stays with a friend for a day or two. He is incredibly inconsistent with his visits, but on average he probably sees his son once every 2-3 weeks.

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Samuel II

Attorney

Doctoral Degree

31,936 satisfied customers
My ex has full custody of our son for almost 3 years now. We

My ex has full custody of our son for almost 3 years now. We are in two different states. My son is 16 and REFUSED to return home to his dad because he's being mentally and physically abused. I drove 15 hours to his dad's town and went to court. The judge ordered me to return our son to his father with no investigation into the abuse allegations for a second time. I am scared for the well being of my son and he is terrified. Is there anything I can do to legally get him back in my care.

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Phillips Esq.

Attorney

Juris Doctor

17,990 satisfied customers
I was investigated by cps in 2009 and 2010 because I was in

I was investigated by cps in 2009 and 2010 because I was in a severe depression and abusing tranquilzers, my children were 8 and 9 years of age. The investigation started because the school nurse called cps due to the fact that I partially rolled over my daughter's foot with my car tire when I was under the influence of Xanax as I was dropping my children at school. My daughter did not sustain any serious injuries thank goodness. She was basically fine. I have since recovered from my illness and would like to work at a nursery school. Will this arise on my background check?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: NoJA: Anything else you think the lawyer should know?Customer: No that's basically it

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Christopher B, Esq.

Attorney

Juris Doctor

5,036 satisfied customers
Ok I just left an emotional ally abusive relationship on

Ok I just left an emotional ally abusive relationship on this past sunday. Packed up me and my kids and went to North Carolina to be with my mom... I told my husband I was leaving and he told me to go and get out. He didn't want anything to do with me anymore. He emptied our bank account and left me with nothing. The part I'm afraid of is him trying to force me to go back to vermont. His family is telling him Ivery kidnapped our children, I'm unstable. I went to a mental Institute last month for a month because of severeach anxiety issues. He has used that against me. I'm not anecessarily unfit mother. Since I'm in North Carolina what can I do? I have no money as he drained our account. I need to protect myself and my children from him. He's a monster

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LawTalk

Attorney at Law

Juris Doctor

32,458 satisfied customers
If a parent has sole custody of a child does that parent

If a parent has sole custody of a child does that parent have the right to move the kids to another state without a court decision for relocationJA: Since laws vary from place to place, what state is this in?Customer: LouisianaJA: Have you talked to a lawyer yet?Customer: Wants to move to TennesseeJA: Anything else you think the lawyer should know?Customer: They have been to court already she was given custody as custodial parent but denied relocation. Is now looking for an order of protection he has been neglecting and physically abusing the children.

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LegalGems

Juris Doctorate

13,542 satisfied customers
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