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    kiera225's Avatar
    kiera225 Posts: 5, Reputation: 1
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    #1

    Jul 7, 2009, 09:14 AM
    Child abuse/custody
    My daughter was being verbally and physically abused by her father. Now he is taking me to court but he didn't have the proper paper work sent to me in person. I have a protection from abuse order against him for my daughter Kiera my sister and I will the judge grant him custody.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Jul 7, 2009, 09:41 AM

    Do you currently have a custody order in place? Who currently has primary physical custody? Has the abuse been reported to the police?
    Justwantfair's Avatar
    Justwantfair Posts: 3,422, Reputation: 944
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    #3

    Jul 7, 2009, 09:49 AM

    Do you have a Legal Aid in your area? They will often help by supplying attorneys in documented child abuse cases.

    Have you talk to your local domestic violence shelter?
    kiera225's Avatar
    kiera225 Posts: 5, Reputation: 1
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    #4

    Jul 15, 2009, 02:48 PM
    Quote Originally Posted by stevetcg View Post
    Do you currently have a custody order in place? Who currently has primary physical custody? Has the abuse been reported to the police?
    I have temporary primary and physical custody of my daughter, the abuse has been reported to the abuse hotline and the abuse network also knows about it. My daughter's father has visitation every other weekend and every Wednesday.
    Brnx Mama's Avatar
    Brnx Mama Posts: 9, Reputation: 1
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    #5

    Jul 15, 2009, 02:55 PM

    I was wondering how is it that they have allowed your daughters father the right to visit even though you have a case of abuse pending. Is this a joke? Be sure to get the persons named that allowed for him to visit, and I hope it was a judge, and that the visits are supervised. Next be sure to check with the authorities, in these cases if you have documented calls like to 911, and if the police were involved this will help your custody case immensely! Good Luck, and always have a paper trail to assist you, it's the best way! To answer your question I don't know how old your daughter is but if she can speak on her own behalf the court will way very heavy on the side that she has chosen.
    kiera225's Avatar
    kiera225 Posts: 5, Reputation: 1
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    #6

    Jul 15, 2009, 02:57 PM
    Quote Originally Posted by Justwantfair View Post
    Do you have a Legal Aid in your area? They will often help by supplying attorneys in documented child abuse cases.

    Have you talk to your local domestic violence shelter?
    I already have M Legal Services representing me in the custody case I go back to court Wednesday 9, 2009 at 9:00 am. I have the abuse network on my side too.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Jul 15, 2009, 03:02 PM
    Quote Originally Posted by kiera225 View Post
    I already have M Legal Services who is representing me in the custody case I go back to court Wednesday 9, 2009 at 9:00 am. I have the abuse network on my side too.


    I question whether you should post the Attorney's name on this site -

    {Mod note, name removed-<>}
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Jul 15, 2009, 03:06 PM
    Quote Originally Posted by kiera225 View Post
    I have temporary primary and physical custody of my daughter, the abuse has been reported to the abuse hotline and the abuse network also knows about it. My daughter's father has visitation every other weekend and every wednesday.
    You need to ask for an emergency hearing to change the visitation order to either temporarily stop visitation or, at least, make them supervised.

    You can then go on from there to either terminate visitation (or, possilby) all rights.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Jul 15, 2009, 03:07 PM
    Quote Originally Posted by Brnx Mama View Post
    I was wondering how is it that they have allowed your daughters father the right to visit even though you have a case of abuse pending.
    The OP may not have a choice. There is, apparently a court ordered visitation in place. Until that order is changed the OP is legally bound to the standing court order.

    On the other hand, I would risk defying the order in this case.
    kiera225's Avatar
    kiera225 Posts: 5, Reputation: 1
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    #10

    Jul 15, 2009, 03:10 PM
    Quote Originally Posted by Brnx Mama View Post
    I was wondering how is it that they have allowed your daughters father the right to visit even though you have a case of abuse pending. Is this a joke? Be sure to get the persons named that allowed for him to visit, and I hope it was a judge, and that the visits are supervised. Next be sure to check with the authorities, in these cases if you have documented calls like to 911, and if the police were involved this will help your custody case immensely! Good Luck, and always have a paper trail to assist you, its the best way! To answer your question I don't know how old your daughter is but if she can speak on her own behalf the court will way very heavy on the side that she has chosen.
    The visitation is supervised by his first babies mama Christina but she wouldn't tell me the truth of how he is treating her because she cares about him and doesn't want nothing bad to happen to him. It was the judges decision to give him visitation but I only agreed to it because it is good on my part. My daughter was verbally, physically, and emotionally abused by her father. She is 15 months old. My sister and I took my daughter out of the house without her father knowing and went to a friends house that use to live next door to us and called the abuse hotline from there phone and has been staying with them since. After he found out he was mad and now he is trying to go for custody, in three months.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #11

    Jul 15, 2009, 03:17 PM
    Quote Originally Posted by kiera225 View Post
    The visitation is supervised by his first babies mama Christina but she wouldn't tell me the truth of how he is treating her because she cares about him and doesn't want nothing bad to happen to him. It was the judges decision to give him visitation but I only agreed to it because it is good on my part. My daughter was verbally, physically, and emotionally abused by her father. She is 15 months old. My sister and I took my daughter out of the house without her father knowing and went to a friends house that use to live next door to us and called the abuse hotline from there phone and has been staying with them since. After he found out he was mad and now he is trying to go for custody, in three months.
    I have to ask. Were you there at the time of the alleged abuse ? If not how did you find out about it ?
    kiera225's Avatar
    kiera225 Posts: 5, Reputation: 1
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    #12

    Jul 20, 2009, 02:47 PM
    Quote Originally Posted by califdadof3 View Post
    I have to ask. Were you there at the time of the alleged abuse ? If not how did you find out about it ?
    Yes I was but if I stepped in he would just threaten me and tell me to get away. That's why I had to get out of there for the safety of my daughter.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #13

    Jul 20, 2009, 03:08 PM

    I'm having trouble with this one - mother cats take on vicious dogs ten times their size (or more) to protect their kittens. You stood by while he verbally and physically abused your daughter?

    At any rate, unless you are a danger to the child I do not see him being awarded sole custody. This is one of those where I hope the Judge takes a close look at and evaluates all the parties.

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