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My ex husband and I got divorced in October 2011. Its all legal,

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we have custody and child...
My ex husband and I got divorced in October 2011. Its all legal, we have custody and child support paperwork. My Ex Husband gets visitation with our 2 yr old daughter every weekend, and every weekend (since november of last year) she comes home with head lice. I have asked him several times to treat his home and to give her a treatment before she comes back home, and still nothing is being done. I have reported the situation twice to Child Protection Services. I guess my question is: Can I keep her from going over to her fathers house until he gets the lice infestation under control?
Submitted: 5 years ago.Category: Family Law
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10/1/2012
Family Lawyer: max713, Lawyer replied 5 years ago
max713
max713, Lawyer
Category: Family Law
Satisfied Customers: 1,893
Experience: I am responsive, respectful, and relentless.
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max713 :

Hi, I'm trained and experienced in family law, and I would love to help you through your current situation. Good question. Technically, you can motion for a modification of visitation order on that basis - as it seems you feel it is causing her harm (as many parents would).

max713 :

Other options include petitioning to terminate his parental rights altogether.

max713 :

... if you feel he poses her serious harm.

JACUSTOMER-pke99wxm- :

I don't really want to take away his rights completely, didn't plan on taking it that far. There are other problems that we have as well. If she gets sick at his home, she has seizures, she has been hospitalized several times for that. She has never had a seizure in my care. I just worry that they are not taking care of her the way they should

max713 :

Got it. In that case, most in your situation would file for modification of visitation.

JACUSTOMER-pke99wxm- :

Okay, but there is really nothing I can do right now? it all has to go in process.

JACUSTOMER-pke99wxm- :

Which means I would have to hire a lawyer.... ouch.

max713 :

Unfortunately, nothing can be done overnight, no. The only exception would be if CPS intervenes.

JACUSTOMER-pke99wxm- :

I don't believe that they will. It's been reported by myself as well as from others who are aware of the situation.

max713 :

You can choose to deny visitations, but he can bring a contempt motion if you do so.

JACUSTOMER-pke99wxm- :

That's what the district clerk told me as well.... I just wanted to verify that.

max713 :

Consider it verified.

JACUSTOMER-pke99wxm- :

I do. Thank you.

max713 :

You are most welcome.

max713 :

Is there anything else I can answer for you? I'm here to help.

JACUSTOMER-pke99wxm- :

No I think that's it for now. Unless you give me a price range as to how much its going to cost to put this into motion.... lol

max713 :

It will depend on the attorney you retain. If you contact State Bar of Texas | Lawyer Referral Service (LRIS), they should be able to refer attorneys, and you can compare referrals to get the price you want.

JACUSTOMER-pke99wxm- :

Fantastic. Thank you.

max713 :

Usually, you will have to turn down the referrals one at a time to compare.

max713 :

... then retain contact information.

max713 :

You are most welcome.

max713 :

Is there anything else I can answer for you?

JACUSTOMER-pke99wxm- :

No I believe that's it. Thank you for your help

max713 :

You are most welcome. Please rate me well before you leave.

max713 :

You rated me "bad service". Was that intentional?

max713 :

If so, what have I yet to answer?

max713 :

I welcome you to ask away.

JACUSTOMER-pke99wxm- :

I can't pay 58 dollars for an answer that I already had. Truthfully.

JACUSTOMER-pke99wxm- :

I apologize

max713 :

I answered your question, correct?

max713 :

... and, it was accurate and complete, correct?

max713 :

... moreover, I served you to my utmost.

max713 :

Please don't punish me for providing correct and complete answers to your question(s).

max713 :

It is not my fault if you asked a question that you already knew the answer to.

max713 :

How else can I serve you? I'm here to help.

max713 :

Another option is to file an emergency custody motion, so that the visitations terminate sooner.

max713 :

Or, you can contact local authorities like the police, to see whether they'll intervene (though they usually won't when there is court ordered visitation).

max713 :

Those are your options. I welcome follow up questions, so I can best serve you.

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