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When there's no physical abuse; how difficult is it to prove…

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When there's no physical abuse...
When there's no physical abuse; how difficult is it to prove the current custody is not in the best interest of the child? What constitutes "best interest"? I'm desperate to help my husband get custody of his two boys (7&11yrs old). During their visitation with us we discovered alarming text in my 11yr old step-son's phone. His ex wife is in fear for her life. She's called the cops numerous times on her newborn baby's father. He's been stalking my step-son and even text him to let him know he was "at the school sitting where no one could see him so his mom wouldn't get mad" AND brandishing guns when she speaks to him; I know this because she screen shot a pic of him doing so and sent it to his sister. She's sent text saying she's moving ASAP and even trying to get another vehicle to hide from her baby's father. What we don't want is to spend the money and the judge tells us there's no physical abuse so the boys remain in that environment - parents worst nightmare because ALL the red flag are there for an impending tragedy.
Submitted: 4 months ago.Category: Family Law
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1/5/2018
Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,651
Experience: B.A.; M.B.A.; J.D.
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Family Lawyer: Phillips Esq., Attorney-at-Law replied 4 months ago

I am sorry to read about this terrible situation.

In a custody case, the Court would make a decision based on what is in the best interests of the child by looking at the living arrangement of the parties to the custody dispute, their lifestyles, associations, parenting skills, education opportunity for the child, etc. If the Court finds after reviewing these factors that the child would be better off living with one parent and not the other, the Court would award physical custody to that parent and may award joint legal custody to both parents, or give the other parent just visitation rights and not legal custody. The Court may award one parent sole custody--both physical and legal. Physical custody means the parent that the child would live with. Joint legal custody means that both parents would have a say on the child's upbringing--the parents would make joint decisions regarding the child's upbringing. So, if your husband wants sole custody of his son, he must tell the Court about the dangerous living situation at his mother's--his mother's associations and lifestyles; how his son is witnessing abuse of his mother by the mother's boyfriend, how his son does not feel safe there, how the environment is not safe for him. He must in short in any custody proceeding tell the Court any and all reasons why he must be given sole custody of his son and maybe supervised visitation rights for the mother; any witnesses should be brought to the Court to testify. Remember that the Court can only make decision based on the evidence presented to the Court.

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.

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