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Ellen, Lawyer, Consultant
Category: Legal
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My daughters ex-husband was jailed the beginning of the month

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My daughter’s ex-husband was jailed the beginning of the month for a couple of weeks for non-payment of child support (prosecution brought by the state, not her). Since being released he has been verbally and mentally abusive out of retaliation. He is attempting to get her evicted from her apartment complex by causing scenes outside of her apartment and has called the apartment manager making false accusations. Each time he has visitation with the children, he interrogates them to the point of tears. He has also secretly taped his seven year old daughter during his interrogation. What recourse does she have to rid herself and her children of these types of abuse?

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open and nonconfidential forum.

Your daughter can file for modification to the parenting plan to allow only supervised visitation.

Custody is subject to modification at any time there is a substantial change in circumstances that affects the best interest of the child.All matters involving children are determined according to what the court divines to be the best interest of the child. The father's abusive behavior would suffice as such a substantial change in circumstances to warrant a modification.

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Best wishes for a Happy and Healthy New Year!
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Customer: replied 6 years ago.
Specifically, what can she do to stop the ex-husband from the verbal abuse he is inflicting on my daughter? Secondly, without witnesses (other than the children) to her ex-husbands treatment of interrogating the children, how would she go about proving this to support her request for modification? She has been to the local Legal Aid office and was told it is virtually impossible to get a Guardian Ad Litem to help her and the children.
I will open the question for the other experts

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