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Ask Olivia Kent Your Own Question
Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 871
Experience:  Partner at Kent Law Group, LLC
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I have sole custody of my grandson and in the paperwork from

Customer Question

Hello my name is***** have sole custody of my grandson and in the paperwork from the judge it says that his mother and has to have supervised visitation my husband and I are getting a divorce and he's doing anything he can to hurt me mentally and physically I have a tape of him saying he's going to have me killed ... my main concern is that everytime I go to work my husband takes Adam to go see his mom for 8 hours a day I am beside myself my daughter has caused so much trouble she went to jail for a year and a half she is doing drugs she also hates me because Adam loves me so is she is spiteful also to Adam these court papers are legal documents I have told CPS that he is doing this and the not doing one thing what can I do please help me
Submitted: 11 months ago.
Category: Family Law
Expert:  Olivia Kent replied 11 months ago.

Michelle, my name is ***** ***** I'm an attorney. I'll be happy to help you. Do you have sole custody or do you and your husband have joint custody? Technically your husband and your daughter are not violating the court order b/c her visitation is in fact supervised. If, however, you felt that your husband shouldnt have access to Adam you could file a motion to try to modify the existing custody arrangement.

Customer: replied 11 months ago.
I have sole custody he has married into the family and not for long he has threatened me with my life and I have a tape of it..... back in February my mom was in the hospital she was in critical condition they said she might not make it ...... I recently lost my dad and I've never lost anyone close to me ... my mom and I are extremely close ..... I made him mistake and went out and used I told my husband he reported me to CPS I have been fighting them ever since I had 130 test in figure out the rest are clean its been 6 months of hell.... this house belongs to me that we live in it is from inheritance of my dad the my understanding he can't touch it if I go to the police and and turn it the tape over to them then my husband goes to jail and Adam goes to foster care I just can't do this to him I am the only stability he's ever had in his whole life I have had him in therapy on and off for 9 years he is difficult to handle this CPS thing has been kept open for 6 months they asked me to leave the house and it was up to James when I came back in or not he is ruined my house I can send you pictures .. the dog has peed and he doesn't clean up ....my kitchen you can't walk through my dishes all dirty so he throws them out instead of washing them.... I have salad Master and its a $3,000 set ....I can't stand it ...my carpet is ruined I just put in hardwood flooring that is being ruined I am ready to lose it... he is a living nightmare when I spend the night he comes in the living room and unplug my phone so I have no phone charged I sleep in the living room in a lawn chair Adam sleeps in our bed room because James tells Adam there monsters he won't let him sleep alone in his own bed.... Adam will be 10 September 15th this is not healthy CPS is telling him results of the tests and they don't even tell me I think this is against the rules also they are giving James information that they should not give him they have Kelly a way for 6 months without what I think is a good reason every time the ready to dismiss it James goes to them and tell them something and they stopped dismissal my therapist said I have done absolutely everything there's no more for us to even talking about I have complied with everything CPS as ass and I still can't get out of this Adam is starting school on Monday I prayed I would be back in charge and in my home when school starts.. he needs to leave the minute this is over!!!!
Expert:  Olivia Kent replied 11 months ago.

If your husband is threatening to have you killed you need to contact the police and file for a restraining order for both you and Adam. In addition, your husband telling your grandson that he needs to sleep in the bed with the two of you is highly unusual and, frankly, potentially grounds to have Adam away from your husband. I don't know what you mean by "I prayed I would be back in charge" since you stated that you DO have sole custody. In any case, your options are to go through the court, go through CPS or seek legal protection for yourself and Adam if you feel it is warranted.

Customer: replied 11 months ago.
I'm so sorry I'm just not sure what I've told you I have sole custody but in February they gave James temporary custody when he called CPS I had one dirty drug test in February the rest of all been clean I have done everything CPS has asked in fact my counselor has dismissed me once and I think James called in and I had to continue counseling how long can they hold a case open if you've done everything is a vast and you're test are clean
Expert:  Olivia Kent replied 11 months ago.

I'm sorry to say they can keep a case open as long as they feel it's warranted. The best thing to do would be to ask CPS if there's anything else they require from you to close their case; unfortunately sometimes these things take a little while. It's frustrating to have to wait. Please let me know if you have any additional questions. Once we're done could you please take a moment to leave positive feedback so that I receive credit for working with you.

Customer: replied 10 months ago.
I have a problem right now that I need some advice on I have got a kick out order for my husband from Williamson County they are going to my house to get him to leave six months ago my husband called CPS and they won't close the case on me I told you I had a dirty drug test in February and I've been clean since they did not do any custody orders to the court they just said there was a safety plan so he would stay in the house now my husband has to leave the house and it's after hours the kick out order doesn't include Adams so legally do I still have custody of him? we never went to court to do any kind of temporary custody it was just a safety plan he is being put out of the house because of his violence and it was towards Adam 3 days ago
Customer: replied 10 months ago.
The judge did not put Adam on the protective order
Customer: replied 10 months ago.
I guess my question is is a safety plan take residence or take priority over a sole custody
Customer: replied 10 months ago.
Hello my name is***** you have answered a few questions for me before but I have an urgent one now does CPS is safety plan take priority to a parent with sole custody if I have had a kick out ordinance go through on my husband I need to know which is going to hold the priority
Customer: replied 10 months ago.
My husband has now been escorted out of the house my grandson is not here but he is trying to go pick him up I don't know whether I can legally get him or not he is not been legally taken away from me we have never been to court CPS just said there's a safety plan but I don't want him to leave the city with Adam and there's no telling what he could do I'm asking for your legal advice ASAP I need to know whether the original sole custody custody takes priority over the safety plan