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My husband and I got into an argument and I was

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unintentionally hit with an object...
My husband and I got into an argument and I was unintentionally hit with an object in the face causing injury. My child's father whom I am divorced from is now threatening to take our 7 yr old daughter away from me due to concerns for her safety after the incident. He is continually looking for a way to get custody of her due to her living 90 miles away. She was not with us during this incident. She was at her fathers for the weekend. There is absolutely no concern for her safety. We have never had conflict with her present in the home. What steps do I need to make moving forward to protect my full custody of her.
Submitted: 9 months ago.Category: Family Law
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11/14/2017
Family Lawyer: Ely, Counselor at Law replied 9 months ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

What state is this in, please?

Who currently has custody of the child?

Is the custody informal, or via a court order?

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Customer reply replied 9 months ago
South Dakota. I have full physical custody and joint legal custody. Formal custody order.
Family Lawyer: Ely, Counselor at Law replied 9 months ago

Thank you. At this point, there is nothing you have to do. And, nothing you can do. The threat of your ex filing for a modification is just that - a threat. Most of these threats fall through.

Even if it does not, a parent cannot "cement" their custody. You already have it. If he does file, you simply have to be prepared to defend yourself by arguing that the the child should stay with you because it is "in the best interest of the child," which is the rule of thumb in family court.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 9 months ago
He is threatening that he is going to keep her this weekend and not meet me because he is concerned with her safety. He also is telling me that he's going to attempt to file and order that she can't be around her step father which is completely unreasonable and uncalled for. What can do actually do make any of these threats happen? And what do I do if he won't return my daughter?
Family Lawyer: Ely, Counselor at Law replied 9 months ago

If he does not return your child, you can file a writ of habeas corpus in family court, to get an immediate order for her custody, and then have law enforcement help you take the child back.

IF he files a restraining order, then you can show up at the hearing and explain that the child is NOT in danger, that this is an exaggeration by him, and that he needs to properly file a modification in family court if he wants to try to get custody. Hopefully, the Judge will agree.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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