How do I properly word a motion requesting a mental health evaluation before any more custody time for atypical reasons?

Asked 9 months ago - Nashua, NH

He can present himself well and hold a job, but his judgment alarms me; he has been so negligent my 6 mo old has been returning hurt, but charmed everyone into thinking that it was all"harmless" incl basic medical needs as checking for a fever when he was told to watch for a fever especially, returning her confused with 103F fever,shes as safe as if she were all alone! His revenge for dumping him (refused to stop exposing baby to violence) was to lie on a court order, putting me and child on the street til the hearing, and using the order to also get me fired, and make my community believe I am nursing on heroin , announces in court he only sleeps2-3hrs a day; invol. commit to mental 4/21/13 have R/O protection & baby is not safe; he enjoys to cause&watch suffering, multiple suicide attemp

Additional information

was abused as a child, had a baby with a minor 13 yrs ago (pays for the family health ins plan every year to cover himself legally, never gave the info to his ex or anyone so that his son could ever use it), when i discovered his father may be a child predator, asked him not to leave her alone with him til dcyf finished investigation, he threw it in my face, showed up to each child exchange with his father, taking her to his house every day since i dared tell him what to do or tried telling him no; he is phobic of the words "fault" and "blame"

Attorney answers (4)

  1. Christopher Buck

    Contributor Level 11

    1

    Lawyer agrees

    Answered . If you are concerned for the safety of your child, you should consider submitting an ex parte motion to the Court requesting a temporary change to the parenting plan. To be clear, if you have reason to think your child is in danger, call the police.

    Ex parte motions can be difficult to get granted on the first try. The Court will often schedule an expedited heating on the matter. You then have to convince the Court that there is an emergency warranting a change to the parenting plan.

    Because of the difficulty involved in submitting ex parte motions, it would be a good idea to consult with a family law attorney. Please call my office for a free consultation.

    Best wishes,


    Chris Buck

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  2. Edrea Meryl Grabler

    Contributor Level 7

    1

    Lawyer agrees

    Answered . Contact authorities if you believe the child is in immediate danger. Also, it makes sense to speak with a family law attorney as well to help you outline your options to take action.

  3. Anna M. Zimmerman

    Contributor Level 12

    1

    Lawyer agrees

    Answered . You need an attorney. These issues are far to complicated to be able to walk you through the process via questions and answers on Avvo.

    Disclaimer: This response is offered for educational purpose only. This response in no way creates an attorney-... more
  4. Jeffrey A. Runge

    Pro

    Contributor Level 11

    Answered . If you think your child will be in danger you need to take immediate action. If you believe that the current Parenting Order represents possible Irreparable harm to the child you should file an immediate ex parte (emergency) motion to modify the Parenting Order based on these, and possibly other, facts. However, it would be presumed that you informed the court of these situations and your concerns and it weighed this in making it's Order on parenting. Nevertheless, if you deem it necessary, you need to file this motion.

    If you don't believe there will be Irreparable harm, then you can file a Motion For Reconsideration Of Parenting Order (depending on the date it issued), or a Motion To Modify Parenting Order - seeking a temporary halt of the court's Order pending the outcome of a mental health evaluation.

    In either situation, you would best be served by working with an experienced Family Law Attorney. Given the state of your case I believe that you will not have the outcome that you desire without immediate assistance from an Attorney.

    DISCLAIMER The information contained in the Family Legal Services, P.C. (herein referred to as A FAMILYLEGAL @... more

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