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Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 4088
Experience:  30 years of experience
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I am currently in process of divorce. The initial family law order gra

Customer Question

I am currently in process of divorce. The initial family law order granted joint custody of our child to his mother. She has refused to comply with the family court order. She has denied visitation and did not appear at mediation. Recently, CPS became involved due to an allegation of her abusing and neglecting the child. There have been multiple cases opened and closed over the years against her. After the CPS investigation it was deemed necessary that the child be removed from her care and placed in my care. There is a warrant for removal filed in Juvenile Court. She, however, is still refusing to cooperate. The CPS official with the sheriff have been to the house twice, both times it was verified she was home, and she refuses to answer the door. What other options are there? She is mentally unstable and a prescription drug abuser. So I fear she may harm my child if he cannot be removed.
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
I did file an ex parts motion for full custody when CPS advised it before they took the matter to Juvenile Court and we were ordered back to mediation, which she refuses to participate in, with no change in custody.
Expert:  Gerald-Esquire replied 2 years ago.
Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.
I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.
The next step should be to file a motion with the Court asking that she be found in contempt of court. Request the court to order that if she continues to violate the Court's Order that she be arrested for contempt. Also ask for sole legal and physical custody.
Hopefully you have an attorney assisting you with this case. The situation is becoming highly complex and self help is not a good idea here.
I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.
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Good luck.
Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.