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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4828
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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Defendant told to not let child be around billy but has

Customer Question

defendant told to not let child be around billy but has violated this order several times. billt is a convicted child sex molester but is not registered as sex offender. also has sever a.l drug dealing convictions. child is 5. billiy has molested children 7 and 10 and six others. child is to go back with mother sunday. are there any emergency pro visions to keep the child from going back to mother....and billy? how does one get the court order enforced?
Submitted: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year ago.

Hello. I'll be happy to assist you.

The father (or whomever shares custody with the mother) should go to court on Monday morning and seek an emergency modification of the custody order on the grounds that the mother is living with this person, and having the children go to her puts them in immediate danger. The father should ask for sole custody until the issue with Billy can be sorted out. This is obviously a very serious situation. The issue, of course, remains about what to do with the children until Monday. If this person has been convicted of sexually abusing children, the child should not be sent into a home with him, but the emergency orders should be filed on Monday.

Customer: replied 1 year ago.
how can one not let child go back to mother as that was part of the court order. friday p.m. to sunday
Expert:  Chris T., JD replied 1 year ago.

If doing so will put the child in immediate danger, then you don't have to. Of course, you are taking a risk that the judge will not view it as dangerous as you do, and you could be held in contempt for not complying with the court order. A decision like this is always a difficult one, but sending a child into a home with a person who's been convicted of molesting multiple children seems like a really, really bad situation. The question for the father is whether it's worth the risk. Only he can make that decision.

Expert:  Chris T., JD replied 1 year ago.

Do you have any questions? If so, feel free to ask. If not, please remember to rate my answer before you go.

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