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Answered in 5 minutes by:
3/14/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,570
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Customer reply replied 1 month ago
Hi my daughter just finalized a divorce. Parenting time was for her to return her child to the father at 8 pm. Baby was sick and vomiting he fell asleep she requested to keep child over night. Father came over to her house pounding on door, broke the front gate demanding child. She was scared but took child out to fathers vehicle anyway. She was buckling him into car seat and he leaned over her and she shoved him out of the way. She wants a restraining order so he can’t threaten and scare her which he does all the time. Does she have a case or do you think it will go against her to do this?

Hi; I'm not set up for phone calls so that request has been placed in that queue; meanwhile I can assist you on this page.

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,570
Experience: Experienced Family Law Attorney
Verified
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Joycelaw
Joycelaw, Attorney
Category: Family Law
Satisfied Customers: 114
Verified
Phone call session started

I am sorry to hear this;

that must have been upsetting -hopefully the child slept through it.

The problem is that when there are no witnesses it will come down to he said/ she said and the court will determine which party is most credible.

It is possible that the court will modify the custody order and actually require a third party to be present for drop off/picking up of the child (custody exchange) to avoid future issues.

If there is any physical indication (bruises etc) then that can be documented (pictures, medical visit etc) and that may help establish which party was at fault but is not necessarily determinative.

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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,570
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