He is verbally abusive towards her in front of the children (one of which is not his) at times threatening to hit her, and has even raised his fist to her, all the while screaming profanities at her at the top of his lungs, we talked to the local police, they won't do anything, she is staying with my wife and I now, but the police did tell me that if I stop him from seeing the children, I could be arrested, he is not fit to be left alone with them, as he has mental issues, having been clinically diagnosed as "psychotic with psychitzo effective, and he leaves things like knives lying around, the youngest son is 3, and will get busy doing things and not watch him, so when my daughter HAS to let him see them, she HAS to go to his house with them, she is in a living hell. HELP !! ??
Divorce / Separation Lawyer
This is a very serious question, and deserves a thoughtful response. First, you say that you must allow the father of the children to be alone with them. I need to know if a Judge has already issued a Temporary Order stating that or is this just what the police are saying? If you can let me know that, I can answer better.
This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445
Family Law Attorney
I would advise your daughter speak with an attorney ASAP. She may meet the threshold for the filing of a Domestic Violence Injunction, but there are specific standards and she should consult with a lawyer to ensure compliance with those requirements. The police are correct in that if the parties are still legally married, and there are no court orders limiting his contact with the children, he has the right to spend time with the children as does your daughter. Self-help, or in this case, help through grandparents, is strongly inadvisable. Your daughter needs to seek the Court's relief, whether through injunction court or family court (divorce) ASAP. Please feel free to contact me for a consultation.
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