Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

My children are headed to their Dads house this weekend.

My children are headed to...
My children are headed to their Dad's house this weekend. I've just been notified in the last 2 days by his 2 now ex roomates that he has been drinking excessively all the time now, even when he has one or both children, (appx. 24 pack per night and that I'm sure is in addition to plenty of marijuana use) and that he is 'screaming' at my son 'all the time'. My son, age 5 goes every other week and my daughter, age 2, goes for 2 days every other weekend. My son has been coming home very angry, aggressive and somewhat depressed. He has had several altercations with other kids, especially boys where he has hurt them intentionally without provocation. I imagine this may be the result of him experiencing overly abusive language and treatment at his father's. I don't have a lawyer, can't afford one, and would like to know if there is anything I can do to ensure their saftey.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 10 minutes by:
3/21/2013
LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6,536
Experience: Family Law Attorney
Verified

LADY LAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you today. Please give me a moment to review your question and to answer you.
LADY LAWYER : Do you know if the ex roommates would be willing to testify to this or at least to sign sworn affidavits saying this? Have you already filed the paperwork to change the venue?
Customer:

I haven't filed the paper work yet. Both roommates agreed to give a sworn statement.

LADY LAWYER : Okay good. And is the current county that has jurisdiction close to you?
Customer:

120 miles away. I will mail paperwork the same day I take it personally into the court.

LADY LAWYER : okay, well here's the thing...You can file for an emergency ex parte hearing in the county that has jurisdiction now and get a temporary order keeping him from getting the kids. If you file to change venue, you may be several months out before the court rules on that motion and it may mess up any emergency motion you try to file.
LADY LAWYER : So it would be best just to file the emergency ex parte motion and file for the transfer of venue at a later date.
LADY LAWYER : If you are worried about their immediate safety, you can do it the other way around.
LADY LAWYER : Sorry, are NOT worried
LADY LAWYER : Hi, you there?
Customer:

Do I have grounds to file such a petition? He has not physically abused them as far as I know- although my daughter expressed unusual fear of him the last time he took her. I don't want to seem like I'm being confrontational. I am just worried about whether or not they are getting the care they need to be healthy, happy children. I plan to attempt full custody during the school year for my son, since he starts i the fall. The father has expressed that he will fight me on this

Customer:

Everything since January and a large portion of last year has been documented on my side. Where they were, overnights, etc. And now, conversations, unusual behavior, etc that I have noticed over the past few months.

LADY LAWYER : If he is doing emotional harm to the children, then you absolutely have grounds. If you son is acting out and you think it's related to the time with his dad, you have grounds for it.
Customer:

He has a nasty lawyer. I don't have a lawyer and do not have the scheduling capabilities to be in court in that county. Will I be able to appear by phone?

Customer:

What kind of proof would I need to get an ex parte?

LADY LAWYER : Ugh, okay. Him having counsel will make this harder on you. But yes, you should be able to appear telephonically. To see if you can before you file the motion, call the judge's judicial assistant and ask if he allows it and also what the procedure is for requesting this. The clerk should have the number for the JA.
Customer:

What if I got counsel?

Customer:

my apologies for redundance

LADY LAWYER : You don't need proof to request one, you only need to plead in the motion that the children are in imminent danger of being harmed or are being harmed.
LADY LAWYER : no worries!
LADY LAWYER : To get what you are requesting granted, the two affidavits should be sufficient.
Customer:

'plead in the motion'? does that mean just state what I've been noticing in the last few months? And the two affidavits? How do I get those?

LADY LAWYER : Counsel MAY try to argue that the people need to be there in person to testify. The judge could continue the hearing to have them testify in person or telephonically.
Customer:

Can the witnesses just write and sign a statement, with notarization, of course?

LADY LAWYER : plead in the motion just means state in the motion.
LADY LAWYER : That is what a sworn affidavit is, exactly.
Customer:

Just so I have this completely accurate, I can ask the two room mates to write a statement, sign it and have it notarized and that will work as proof?

Customer:

Along with my statement, of course. My child care provider is also willing to submit a statement regarding my son's behavior. Should I include this?

LADY LAWYER : Yes, in theory and most of the time in practice. Don't know if ou saw my earlier post about counsel arguing that they needed to give oral testimony.
LADY LAWYER : yes, you should include the statement from child care
LADY LAWYER : That would make a very strong case.
Customer:

I did see that. the girl room mate is still caring for my son and expressed reluctance to appear in person due to the current relationship and having to deal with the father still. Not sure about her boyfriend (the other room mate)

LADY LAWYER : Sorry, I had to reboot.
Customer:

no worries. :)

LADY LAWYER : I understand. In any case, you do need to get the sworn affidavits to start and if counsel objects to them not being there in person, you can tell the judge why they are uncomfortable and he can go off the affidavits over counsel's objections.
Customer:

What about child welfare services? Would it be helpful to make an anonymous call when I know he is drinking with the children? Can they do that?

LADY LAWYER : yes, it's just that they may not go out right away and if they wait until the next day, everything may appear fine and they will close the case. Then he will be able to use that against you in court.
Customer:

That's what I was afraid of.

LADY LAWYER : You could always have the police do a welfare check and they can make a report, which would have his drinking in there, if they catch him.
LADY LAWYER : but you would still have to go to court
Customer:

I understand that. Just want my babies safe. I worry about father's retaliation once court has been initiated. Gotta go. Thanks for your advice.

LADY LAWYER : You are so welcome! If you have any more questions, just let me know.
LADY LAWYER : if not, please don't forget to rate my answer before you leave. It is the only way the site will compensate us and it costs you nothing further to do. Thank you!
LADY LAWYER : Sorry, the chat has a glitch and I had to manually enable the rating button for you. I have done that now.
LADY LAWYER : oh the joys of technology!
LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6,536
Experience: Family Law Attorney
Verified
LADY LAWYER and 87 other Family Law Specialists are ready to help you
Ask your own question now
Hi Chandra,

I see you checked in this afternoon to view our session from yesterday. I must not have caught you before you signed off, but I had the rating system disabled yesterday when you tried to rate my answer. I have it enabled now. Rating an expert is the only way the site pays us a small position of the deposit you leave with the site. I am happy to help you further if you should need it, but if not, would you kindly leave me a rating at this time? Thanks so much!
Ask Your Own Family Law Question
Ask LADY LAWYER Your Own Question
LADY LAWYER
LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6,536
6,536 Satisfied Customers
Experience: Family Law Attorney

LADY LAWYER is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I just messaged on my phone but i needed to switch to my
i just messaged on my phone but i needed to switch to my computer. I have divorce questions about spousal support for someone who would be married 3 years in april. My husband was having an affair. I … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,441 satisfied customers
Need advice on how to handle a situation. My ex-wife is
Need advice on how to handle a situation. My ex-wife is engaged (divorced 10 years). Her fiancé has an 18 year old son. My 13 year old daughter has advised in the past that she thinks her presumptive … read more
LegalGems
LegalGems
Juris Doctorate
10,176 satisfied customers
How are you doing Im just trying to find out information on
Hello how are you doing Im just trying to find out information on how I can sue dcf in florida … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,342 satisfied customers
Non-custodial parent has schedule a flight - one way - and
Non-custodial parent has schedule a flight - one way - and won't give me any return flight information. Normally I would just give him leeway/play by ear but lately he has been extremely difficult and… read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
What does it mean if judge gives an order that states no
What does it mean if judge gives an order that states no good cause appearing … read more
Bill Attorney
Bill Attorney
law
1,419 satisfied customers
My question is can I pay to have a conversation with you to
This is for ELY my question is can I pay to have a conversation with you to understand if I am allowed to give Federal case law (in district) for a state civil issueand about jurisdiction now that I l… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
My wife has asked for a divorce. We have worked out an
My wife has asked for a divorce. We have worked out an Separation Agreement and have agreed on everything except her student loans. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
I am the father of a 7 month year old that my ex girlfriend
I am the father of a 7 month year old that my ex girlfriend at the time had filed a protective order before the baby was born where I could not visit. I did not attend the hearing at the time and the … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,342 satisfied customers
I was just informed that because of the several attempts to
I was just informed that because of the several attempts to take custody of the child by the father. That failed! The mother has applied for "temporary guardianship" in an attempt to transfer custody … read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
This July my husband and I went to court against his ex-wife
Hello, this July my husband and I went to court against his ex-wife for custody. The new decree stated that the father shall have the children on thanksgiving for odd years. It stated they should be w… read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
Ex husband stopped paying my alimony moved to another state
ex husband stopped paying my alimony moved to another state and is a medical doctor and i am disabled … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,462 satisfied customers
I provided statements for brother's custody case with social
I provided statements for brother's custody case with social worker. The mother of the baby is threatening to sue me for providing statement. What steps can i take? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,036 satisfied customers
Were does it say if you owe child support and unable to
Were does it say if you owe child support and unable to work. Have a history of bipolar disorder and history of being incapacitated. Delusional & extreme mania & depression. Documented by Health profe… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,992 satisfied customers
My question is only for a Lawyer licensed in Texas. My
My question is only for a Lawyer licensed in Texas. My question is: How do I correctly fill out clause 11B-Separate Property of the Original Petition for Divorce (this is an uncontested divorce withou… read more
Ray
Ray
Lawyer
Doctoral Degree
30,227 satisfied customers
My granddaughter just text both her non custodial father and
My granddaughter just text both her non custodial father and adult sister saying she couldn't live with her mother anymore and that her mother is the reason she is suicidal. How does she person the co… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,462 satisfied customers
Do you give advice for child custody? California, but court
California, but court papers are in Utah.. need to get them transferred back to cali … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,462 satisfied customers
I have a question. We're married for 11 years and I have my
I have a question. We're married for 11 years and I have my pension plan from employment. Will he still be entitled to receive part of the pension when time comes that I retire? Thanks … read more
Seattle Scott
Seattle Scott
Private practice attorney
974 satisfied customers
What do I do when the judge doesn't even adhere to his own
What do I do when the judge doesn't even adhere to his own decisions on my child support case and the father has gotten by for 20 years … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x