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    Custody

    Asked Feb 26, 2015, 02:48 AM — 5 Answers
    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?

    Last edited by talaniman; Feb 26, 2015 at 07:14 AM.
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    stephaine1971's Avatar
    stephaine1971 Posts: 3, Reputation: 2
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    #2

    Feb 26, 2015, 02:53 AM
    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?
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    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,248, Reputation: 7689
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    #3

    Feb 26, 2015, 05:04 AM


    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.
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    stephaine1971's Avatar
    stephaine1971 Posts: 3, Reputation: 2
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    #4

    Feb 26, 2015, 05:12 AM
    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.
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    cdad's Avatar
    cdad Posts: 12,684, Reputation: 1438
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    #5

    Feb 26, 2015, 05:18 AM
    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
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    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #6

    Feb 26, 2015, 07:28 AM


    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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