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FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 1367
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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Im looking for help for my daughter. she has issues with her

Customer Question

im looking for help for my daughter. she has issues with her ex when he has the kids. He is mentally and physically abusing the kids. and dhs or anyone is wanting to help
Submitted: 8 months ago.
Category: Family Law
Expert:  FamilyAttorney replied 8 months ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, and other types of law. I look forward to helping you today.

Please note:This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also – I will be typing my answer for you so I’ll be back in a few minutes – I’d like to review your question for a minute and then I’ll be right back.

If you come back here and I'm not here, please note I will be here again later. Thanks!

Expert:  FamilyAttorney replied 8 months ago.

If your daughter's ex is mentally and physically abusing the kids, that's horrible! I am an attorney for the child in my state, like a guardian ad litem in yours. I hate hearing anything about children being abused.

You can call CPS but you have to know what's going on; your daughter can call CPS because she may have more knowledge of what's going on.

The best thing to do, however, is to get the visitation order and/or custody order changed. He should not be with the kids if he's abusing them! He may end up with no visitation, limited visitation or supervised visitation as long as your daughter can let the court know what's going on. How old are her children?

Expert:  FamilyAttorney replied 8 months ago.

In OK, to get custody or visitation changed, the parent asking for the change or modification must be able to prove that: (1) since the entry of the most recent custody order, there has been a permanent, substantial and material change of conditions, as a result of which (2) the minor child or children would be substantially better off if the modification were granted.

Customer: replied 8 months ago.
The children are 14 and 11
Customer: replied 8 months ago.
She is at dvisit filing a protective order. There was an assault on her last night
Expert:  FamilyAttorney replied 8 months ago.

This is something that generally requires a family lawyer because modification is not always granted, especially in your state where it says it must be a permanent change. That may be hard to prove sometimes and that is not the requirement in other states. A good family lawyer will be able to assess the situation and do everything possible to get this modified. From what you're telling me, this is serious and visitation should be stopped immediately. She may be able to get an emergency order to get into court quickly and stop this before the kids get hurt.

If you need names of attorneys in her area, just let me know and I'm happy to help you with that. I do that for my customers here.

Thank you for that information!

The kids are old enough -- that's good. They may be able to tell the judge what is going on, and if they don't want to talk to the judge, they may be able to write what is going on and have your daughter file on their behalf. I would wait to call CPS until you have a lawyer on board unless he's supposed to see the kids soon. If so, you may need to have her call CPS because you don't want him to have the kids again. If the kids are saying they are being abused, I'm sure they are. That's horrible and it has to be taken care of immediately.

Oh geez, I'm so sorry.

She really needs a family lawyer but she should be able to get this changed.

Just let me know if you want me to find family lawyers for you. The kids are hurting, I'm sure, as is she, so they probably don't even want to see him.

Expert:  FamilyAttorney replied 8 months ago.

I'm so sorry for your daughter and her kids! That's just awful. I hope the protective order includes the kids. That would be a great way to protect them immediately and stop visitation.

It may not include the kids though.

Whether it does or doesn't, it's still important to bring this into court asap so that the visitation order can be changed. If he assaulted her, and the kids are old enough to say what's going on, modification should be a lot easier to get. I just hope everyone's okay.

Expert:  FamilyAttorney replied 8 months ago.

Please let me know if you have any more questions as I am happy to answer them, and let me know if you need a lawyer – I’ll be happy to find some lawyers for you.

Please accept my answer, rate my answer as one of the top three faces/stars (5, 4 or 3 stars) and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. Please let me know if there is more that I can do to answer your question and if you need more information such as where to find a lawyer. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating.

Feel free to come back here for a follow-up question based on this one.
You're welcome to ask follow-up questions at any time, any day after I'm rated.

We are not employees of Just Answer but are independent contractors, so your rating is very important to us so that we can be reimbursed for our work. Thank you! I'd rather be given the chance to add more information than be rated negatively, so I thank you for that, and for letting me help you today.

Customer: replied 8 months ago.
She said she would like help but there is only one income for the family so it will be hard for her to have money up front. And the kids are with their dad until friday he is already yelling at the school
Expert:  FamilyAttorney replied 8 months ago.

I apologize -- I'm having computer issues -- it's locking up otherwise I'd answer right away.

Expert:  FamilyAttorney replied 8 months ago.

That's terrible about the fact the kids are already with the father. I hope the protective order can include the kids.

Even if she gets LegalAid, she needs someone on her side. She might be able to work out something with them. It's going to be hard for her to do this herself.

Customer: replied 8 months ago.
Where does she need to go to get this custody changed
Expert:  FamilyAttorney replied 8 months ago.

Please let me know if you need more information. I'm happy to give it. I'm sure there are Legal Aids near her. Usually there are a bunch in each state. She can look for a pro bono attorney but they are hard to find.

This site can be a start for her. It has pro bono and legalaid listed.

Thanks for letting me help you, and thanks in advance for rating me. Feel free to come back and ask me additional questions whenever you want. I'm here every day.

Expert:  FamilyAttorney replied 8 months ago.

The District Courts in your state have Family Courts. That's where she needs to get this changed. She should go back to the court where she got it in the first place unless it was in another county. If so, she can try to change it in her county.

Expert:  FamilyAttorney replied 8 months ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Thanks!


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