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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118201
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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It is me again. I am struggling answering his demanding

Customer Question

It is me again.
I am struggling answering his demanding texts to see our daughter but I do not feel comfortable living my daughter with him. How is the best way to deal with it?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The best way to deal with this is you would need to prove why you do not believe your daughter is safe with him and you have to seek to file an emergency motion for temporary order and ask the court for supervised visitation or restrictions on his visitation. If you cannot afford a local attorney, go to legal aid for assistance and representation.
While he legally has rights to the child, if you do not allow him to see the child at all, then it is up to him to file a motion in court to force you to do so and that is the other option you can take. You can simply refuse to allow him to take the child and then force him to take you to court and when he does you can file a countermotion and explain why he is not fit to care for your daughter and present evidence of him not being fit.
Customer: replied 1 year ago.
what are sustained reasons to ask the court for supervised visitation. His house is not child proof - he has a pretty house but no furniture, only tools and car parts shelves. Even though he has 4 bedrooms, all of them are occupied and he has not given our child her own space. Last time I left her with him for 3 hrs; he did not change her diaper, did not feed her and left her sleeping in a stroller.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You have to prove he is not capable of caring for and protecting the child. That is up to you to prove. The infant does not need their own room. If you can prove he did not change her and did not feed her, those are two pieces of evidence he is not capable of caring for her.