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  • Feb 26, 2015, 02:48 AM
    stephaine1971
    Custody
    I have sole legal custody and went to Idaho with permission but returned a day after agreed upon. Am I committing custodial interference or kidnapping and if my order states no physical punishment can her stepmother hit her?
  • Feb 26, 2015, 02:53 AM
    stephaine1971
    Custody
    I live in Oregon and have sole custody, my ex is married and his wife hit me in front of our daughter and has now smacked my daughter also. In our order it states no physical punishment, can I stop visits?
  • Feb 26, 2015, 05:04 AM
    Fr_Chuck
    No, you can go to court and ask that the visitation be changed, you can ask for no visits, but may get supervised visits.

    You will have to have proof of the abuse, beyond your statements, I will assume the police was called when you were hit ? So the police report, and any medical examination of the injury will be proof for court.
  • Feb 26, 2015, 05:12 AM
    stephaine1971
    Custody
    Quote:

    Originally Posted by Fr_Chuck View Post
    No, you can go to court and ask that the visitation be changed, you can ask for no visits, but may get supervised visits.

    You will have to have proof of the abuse, beyond your statements, I will assume the police was called when you were hit ? So the police report, and any medical examination of the injury will be proof for court.

    Yes I Have a police report report, pictures and her admitting to it in messages.
  • Feb 26, 2015, 05:18 AM
    cdad
    Quote:

    Originally Posted by stephaine1971 View Post
    Yes I Have a police report report, pictures and her admitting to it in messages.

    Take what you have and go to the courts with it. Get a restraining order gainst her and also ask for a change in custody based upon violence
  • Feb 26, 2015, 07:28 AM
    ScottGem
    The issue here is you can't, on your own, decide to go against a court order. You have to go back to court and petition to have the order changed.

    However, since there is an issue of violence here. I would file for a modification of the visitation and ask for an emergency restraining order pending a hearing to protect the child.

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