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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28032
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My fiance has a five year old son that he shares joint

Customer Question

My fiance has a five year old son that he shares joint custody with his ex wife. Last August his ex wife got put on probation through social services for locking three children in their rooms. We have police reports, school reports, and trying to get the reports from social services but haven't had any luck. His little boy is coming to our house all beat up, completely filthy, and using very volgur language and also beating on my children. He is also lashing out at school. My fiances ex wife has a lot of contempts of court against her coming up, also withholding their son for example on fathers day. My fiance has text messages of being called horrible names and it is against their court papers. In September the child's mothers boyfriend got pulled over for speeding and was found with a gun on him and he isn't suppose to have guns on him due to having a restraining order against him from someone previously. They were coming to the exchange with that gun and all three children were in the vehicle with the boyfriend. We need help ASAP and we need to get this boy out of this situation. This is only parts of it. We don't know what else to do before something worse happens to this little boy
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

I certainly understand the situation and your concern. At this point, an emergency motion needs to be filed with the court, whereby he asks the Judge to at least order him temporary custody, of the child, to remove him from the home, based upon what you shared above. The goal here is to get the child removed and he will need to show the Judge that it is in the best interest of his son to come live with you and him and to not be left in the care of the mother, as a result of the neglect, abuse and harm. Moreover, she has the contempt hearings come up so maybe has can have the custody hearing at the same time, since the child is in a bad situation and needs to be removed. Of course, if he is with the mother and there is concern, the police or child services can be called to conduct a wellness check.

Expert:  FamilyAnswer replied 1 year ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!