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I want to know what should I do if my ex and I have joint…

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I want to know what should I do if my ex and I have joint legal custody and I want to get out children evaluated by a psychologist due to them being exposed to father and his girlfriend fighting very often. Their fighting involves verbal and physical between the two. They drink alcohol to the point of getting drunk. This is done while our three children are in the house. My ex lost sole custody due to this fighting that ended up with police called and I had to remove children from their house. I filed emergency petition next day and was given temp sole custody. We ended up settling on joint custody at judge insistence. He didn't want take kids from him based on this one incident. The kids tell me they still fight and drink his girlfriend is abusing the children. I have recording of him admitting girlfriend treats children bad and it has gotten worse since they had a baby together. I have this recording. The two boys have extreme mood swings they have severe anger issues and do not want to be with their dad. They beg to stay with mom. The daughter displays behavior differently she stays quiet. She has been touching herself inappropriately. CP's was called but father lies and intimidates kids and threatens them with punishment for talking about anything that goes on in his house. CP's ignored my complaint. My boys are very angry, very violent and talk about killing people and or killing self. I want to get them evaluated but dad won't agree what can I do. I have no lawyer. My kids need help.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Arizona

Lawyer's Assistant: Have you talked to a lawyer yet?

No I can not afford a lawyer

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just want to know what type of motion I need to file. I want the kids to get help but if he won't agree I want file fore sole custody.

Submitted: 11 months ago.Category: Family Law
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9/16/2017
Family Lawyer: Phillips Esq., Attorney-at-Law replied 11 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,771
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Family Lawyer: Phillips Esq., Attorney-at-Law replied 11 months ago

I am sorry to read about your difficulties.

You need to file Emergency Motion for Permission to Take the Children to the Psychologist. You need to state your reasons for the Motion just like you did in your post here. You need to also file Motion for Modification of Joint Custody and ask to be given sole legal and physical custody with supervised visitation for the father. The father should not be allowed to have overnight visits under these circumstances.

Best wishes,

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Customer reply replied 11 months ago
Is emergency motion done where I file motion and judge reads it right then. Like I did when I first filed after the police were called or will it be just a regular motion filed with an expedited hearing.
Family Lawyer: Phillips Esq., Attorney-at-Law replied 11 months ago

Is emergency motion done where I file motion and judge reads it right then. Like I did when I first filed after the police were called or will it be just a regular motion filed with an expedited hearing.

Response: Emergency should be heard right away by the Judge. However, if for some reason the Judge cannot hear your case right away, then you should be given an expedited hearing. Based on the information that you have provided here, this Motion should be handled as an Emergency Motion without notice to the other party--heard by the Judge immediately because the safety of the children is at risk..

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Customer reply replied 11 months ago
Would it be a good enough reason if dad refuses to let kids get psychological eval to change custody. He lies and says kids are only bad when with me. He has been terrible throughout the custody hearing.lying and making false accusations. He has a lawyer I do not. I know custody can only be changed for extreme reason. The children are afraid of getting in trouble if they say anything about what goes on in dads house my son told me daddy says don't tell your mom when we fight because she will cause problems.
Family Lawyer: Phillips Esq., Attorney-at-Law replied 11 months ago

Yes. You also need to do a detailed Affidavit In Support of the Emergency Motion. Affidavit is just your statement of facts was you know them signed under penalties of perjury. See the last page of this PDF for sample Affidavit.

The children need to speak up. Their safety is at risk. It does not matter if he has an Attorney. You need to state the issues the way you know them. Do not let the fact that he has an Attorney and you do not intimidate you. Just concentrate on the facts and the issues in the case.

Best wishes,

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Customer reply replied 11 months ago
I will be writing my own motion so what should I call it and if I am just asking for an order to make dad allow an eval can I also request change of custody based on this refusal to allow them to get psychological help. I do not have absolute proof of the ongoing abuse just the children telling me. I have the recording that dad is stating he is aware girlfriend is abusing kids and kids acknowledge this is true. He lies so much and gets away with it I do not think judge will believe me. Would judge ever talk to the children. I have tried everything possible to get full custody based on mental abuse, physical abuse, medical neglect of my son judge just ignores my concerns because his lawyer knows how to lie and persuade his version I am sick of this but I need to find a way to get my kids help before one of my boys gets in serious trouble because of their anger or could hurt someone very seriously. Dad says they not bed but I see their mood swings it is terrible
Family Lawyer: Phillips Esq., Attorney-at-Law replied 11 months ago

The answer to your question is Yes, you can ask for change of Custody (Modification of Custody).

The name of the Motion was previously provided in my response to you. Here is the proposed name once more:

Emergency Motion for Permission to Take the Children to the Psychologist.

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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Customer reply replied 11 months ago
Thank you I will file the emergency petition and hope for the best. Thank you for your help.
Family Lawyer: Phillips Esq., Attorney-at-Law replied 11 months ago

You are quite Welcome!

Goodluck with your case,

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