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I need to know what to do? i filed to change the visitation due to abuse and neglect

Gardner, MA |

i need to know what to do? i filed to change the visitation (every other weekend at his mothers) with my sons father b/c of abuse and neglect in the home as well as drug use, and his g/f removal of her own children due to neglect and abuse. i provided picture and documentation. i have a case in December and cps was called due to the pictures and reported abuse and neglect. Cps came talked to me and my son saw the pictures and documents told me they were going to talk to the other parties involved and i havent herd anything sence. its been two weeks. i just dont know if im supposed to be sending my three yr old to this house in the mean time, im afraid of what might happen to him. what can i do to keep him safe in the mean time??

Attorney Answers 3


File an emergency motion "ex-parte"(without notice requesting that visits be suspended. You will be required to fill out an affidavit where you can describe everything you stated here. 3 year olds cant always report trouble.....if the judge doesnt allow the motion immediately you will atleast have a full hearing within the week. Good luck.

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Todd Allen Davidson

Todd Allen Davidson


It is important that you follow Attorney Lee's advice immediately as any delay will cause the judge to wonder if there truly is an emergency. As you may know, most courts are only open until 3 pm for regular business. In the case of emergency orders and restraining order matters, the judge remains on the bench later (until about 4:30). Do it today! If you need the help of an attorney, give them a heads up that you have an emergency matter that will need to be handled today so that he or she will have a chance to change his or her schedule.


You'll need to make an emergency motion for custody.

Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.

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I agree that you should file an emergency ex parte motion to suspend parenting time. You should consult with a qualified family law attorney to give you proper legal advice and to provide strategy.

Advice provided is of a general nature to provide guidance. Divorce law is state specific. One should always check the laws in their home jurisdiction. An attorney-client relationship is not intended or established through provided responses.

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