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I was in court today as a petitioner for pfa. My husband was…

Hi I was in court...
Hi I was in court today as a petitioner for pfa. My husband was found guilty of domestic abuse due to first had evidence I provided and a pfa order was put in place for two years. He's physically abused me while holding our 8month baby in an unsafe way, he's said the baby is not his in serveral occasions and before I left home for the last time, he placed a hex on myself and the child. At this point I felt he's extending the abuse to the child and I felt this was the time to step up and advocate for the child before this gets worst like it got to me. I stressed this to the court during the Pfa trial which I requested sole custody for me and supervised visitations for him. He testified in court this time that he will take care of the child no matter what. We were both granted temporary joint custody which he has every other weekend with the child. Knowing the kind of person he is, I felt he said these things to make it hard for the law to keep up with him. He's filed for custody and requesting 50/50 custodial rights. At this point I feel this is not in the best interest of the child. Now, what precautions should I take to make ensure he's not doing anything to set me up after each visit with the child. I believe he will try to do something to get me into trouble if this joint custody persists.
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Customer reply replied 7 months ago
How will this pfa order also affect formal custody order?
Answered in 20 hours by:
11/19/2017
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,975
Experience: B.A.; M.B.A.; J.D.
Verified

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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I am sorry to read about your difficulties.

The Court should not be granting joint custody to the father when there is history of abuse against the mother and the father has shown that he does not care about the safety of the child. You should file Motion for Reconsideration to take away joint custody from the father even if the Order is temporary. Under the circumstances, the father should only be allowed supervised visitation.

As for your conduct during visitation, you should only do what are you supposed to do and not exchange any words with him. He is not supposed to interact with you because of your PFA. So, you are not expected to speak with him. I am a bit perplexed why the Court would grant him joint custody after finding him guilty of domestic abuse. The joint custody puts you in close contact with your abuser. The Order needs to be modified.

Goodluck with your case,

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.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,975
Experience: B.A.; M.B.A.; J.D.
Verified
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Customer reply replied 6 months ago
Thanks a lot. His first visitation begins the weekend of Dec. 1. So if I go in and file the motion for reconsideration petition, will that affect the schedule already in place or will have to wait for a new hearing before the cmachedule changes? Thank you.

Thank you very much for the positive rating.

I was offline when your follow-up post came in. Hence the delay in getting back to you. Thank you for your patience.

Your Question:

Thanks a lot. His fist visitation begins the weekend of Dec. 1. So if I go in and file the motion for reconsideration petition, will that affect the schedule already in place or will have to wait for a new hearing before the cmachedule changes? Thank you.

Response: You have to wait for a hearing before the new schedule can take in effect. Make sure that you file the Motion for Consideration. Also file at the same time Motion for Expedited hearing and attach an Affidavit stating why you need an expedited hearing. An Affidavit is just a statement of facts supporting your Motion. In this case, the father has been found guilty of domestic abuse. Thus, giving him joint custody of the child which forces you to interact with him is unconscionable. You also need to state how the father put the safety of the child at risk while abusing you. Under the circumstances, the Court should hear your case quickly before the temporary Order goes into effect because irreparable harm could be done to you and the child if the father is to be allowed joint custody. Click here for sample affidavit.

Best wishes,

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Phillips Esq.
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Category: Family Law
Satisfied Customers: 21,975
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Experience: B.A.; M.B.A.; J.D.

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