Custody

Tasha - posted on 03/09/2016 ( 15 moms have responded )

19

0

4

I have a current custody order with my child's father and he doesn't follow the order and hasn't been . He leaves our child with people that aren't safe . How can I go about asking for a modification with the courts

15 Comments

View replies by

Sarah - posted on 03/10/2016

9,031

0

22

You have valid complaint about where she sleeps, if she is fed, taken to appointments etc. Document, pictures! Every time you get called to pick her up early, try to record or let those calls go to voicemail. When you pick her up take a picture of the time. If the only issue was he leaves he with family during his visits, you'd really not have much to stand on, but it does seem like there is much more to this. If CPS if involved, expect to held at the same standard as him. You may get a home visit. CPS cannot be accused of targeting, so they often will home visit, drug test and interview both parties. Good Luck

Ev - posted on 03/10/2016

7,681

7

915

If he is in violation of the visitation orders and anything else, it needs to go to the judge. I am not sure if those text messages or pictures can be used in court that is why you need to see a lawyer. As far as him spending his time with her or not on his visitation time is clearly up to him. If he leaves her with the extended family, at least she is no with strangers. As for her sleeping on floor, having issues with bathing, making appointments: document everything. What is his visitation? What is the custody?

Tasha - posted on 03/10/2016

19

0

4

I have been documenting everything and even taken hurt to the doctors appointments. I have pictures of her laying on the basement floor . Text conversations etc .

Tasha - posted on 03/10/2016

19

0

4

I called cyf because the house he lives in is unsafe and his animals in it . They have my child sleeping on a floor in the basement.

Dove - posted on 03/10/2016

11,764

0

1349

So document everything (dates, times, detail of the incident) and take it to court. You have every right to petition the court w/ whatever you want if you feel your child is being harmed. Whether or not it will CHANGE anything is something no one on here can predict. The judge might look at all of your documentation and determine that a change needs to be made in the visitation order... or they might not.

Do you have a lawyer? If not... I highly recommend you get one because they can tell you exactly what you need to do and they will handle all the right paperwork and talking to the judge.

Tasha - posted on 03/10/2016

19

0

4

It's not that I don't like them. He's not there with her. They call me to pick her up back up when he leaves her there . He will leave to go out of town on his days and they send her back home to me .

Tasha - posted on 03/10/2016

19

0

4

He's suppose to be at the meeting place he's never there . I drive there to pick her up and drop off . He brings her brings her back late or not at all . He doesn't take her to any appointments. He changed his phone number and didn't tell me I had to by my child a phone to talk with her .
When she with her family she's sleep on the floor and spent anyways get bathed .

Tasha - posted on 03/10/2016

19

0

4

It's not that she don't like them he's not using the time to spend with her. He leaves her for days and they don't take care of her somethings I have to go get her on his days .

Ev - posted on 03/10/2016

7,681

7

915

Also, as was said you can not dictate who he has around her and in the last post you made he leaves her with family....her extended family on dad's side. Again, you would need proof she is in danger in their company. What does she tell you that makes her in danger of being in their home? Who is bringing her to drop back off to you at the end of visits if not the father?

Dove - posted on 03/10/2016

11,764

0

1349

I meant if there are police reports of violence or severe neglect against the children... which it doesn't sound like there is. It does sound as if she is struggling some, but nothing that the police will do anything about.

If he is bringing her back late and she is struggling in school and not able to stay awake in class due to sleep disturbances during her father's time... those are things you can document (especially if the teachers coroborate your story) and go to court to potentially change visitations in such a way that she can still get the sleep she needs for school.

That is the only potential angle you have and it's highly likely the judge will suggest you find a way to work around it anyway.

♫ Shawnn ♪♫♫ - posted on 03/10/2016

13,264

21

2015

If you simply don't like the people your ex is hanging around with, you have no proof.

Tasha - posted on 03/10/2016

19

0

4

Every time I call the police they say there's nothing they can do because it's custody . He leaves her for days at a time with his family and returns her late every time it time to come back and even when we exchange he's not always there. My child's grades are dropping because she's not getting help and sleeping in class. She cries every time it's time to go . She can't join any activities because he won't take her to them .

Dove - posted on 03/09/2016

11,764

0

1349

You would likely need some sort of documentation (police records, drug tests, etc..) backing up your reasoning for them being unsafe. If your child has been a victim of abuse or severe neglect... you can have them in counseling w/ a counselor willing to testify in court.

Basically... unless a person is a proven danger to your child you have no say who the father can and can not have your child around... same as he can't dictate who you have around your child.

Tasha - posted on 03/09/2016

19

0

4

What type of proof? Only proof I have is my child telling me or my other child saying he seen her there . They cover up for him they keep her for him .

Sarah - posted on 03/09/2016

9,031

0

22

Petition the court for a hearing. Take objective proof that he is putting the child in an unsafe situation. You can't just not like these people, or think they are unsafe. You have to prove it, or prove that he is violating the custody agreement.

Join Circle of Moms

Sign up for Circle of Moms and be a part of this community! Membership is just one click away.

Join Circle of Moms