I want sole custody & the father to have only supervised visits. How would the judge see this case? I fear for her safety & life

Asked over 1 year ago - Miami, FL

I take my daughter to see her dad once a week, I have always been open to him seeing her, However, 2 weeks ago he hired a mediator so that he can spend alone time, nights and weekends with her.

When we lived together he was very violent. He also looked and touched her in an a sexually inappropriate manner, which is one of the reasons I do not want him alone with her. I am scared for her safety and well being and I fear that if I leave her alone with him these actions will continue. When I took her over 3 weeks ago, he took her upstairs and at the time that he was going down he did not hold her hand and just watched her fall on her back and hit her head going down the steps. When I questioned him, he said it was just an accident. I feel that this was done on purpose.

Attorney answers (2)

  1. Reid A Seino

    Contributor Level 15


    Lawyers agree


    Answered . Did you report your concerns and the incident to a doctor or social services? If there is no documentation present, a court looking at your request now would be faced with a he-said/she-said situation and may well side with him due to the lack of evidence on your part. You may well have fears about her safety but you need some evidence to convince a third party that these fears are legitimate. You should consult with an attorney as soon as you can to understand what you need and how to go about getting it.

    This answer is provided as a general opinion to a question posted on an internet forum. This does not create in... more
  2. William Charles Rosenfelt


    Contributor Level 20

    Answered . I agree with the other attorney. Documentation of facts and events cannot be done too thoroughly. You need to hire a family law attorney to guide you, in my opinion. Furthermore, a mediator cannot simply be hired an then start changing time-sharing without your consent. Your fact pattern seems like it is missing critical components. Is something missing here that you are not sharing with us?

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the... more

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