My finance's ex will not stay on his meds and binge drinks to the point where he is a threat to himself and to others including his biological daughter. My fiance got the child support setup to come out of his check at work. When she did that the child visitation papers were done by the courts. He is currently off of his meds and constantly harassing and threatening us and he truly seems like is a having a psychotic episode. We are not going to let him see his daughter until we know that he has gotten help but in the meantime we are violating court orders? Can you help?
Family Law Attorney
Unfortunately, this is not an uncommon issue in our society. The Collin County Family Courts are very familiar with these types of issues as well. I would suggest contacting an experienced family law attorney in your area and scheduling a consultation.
Personal Injury Lawyer
Don't let him see his daughter. However, go to court and explain why and let the judge know what is going on. If you just don't let him see her and he goes to court then he will be the one with the upper hand, not you.
You are correct that you will be violating the court's order by withholding the child from him.
What I would suggest is that you file a motion to modify the parent-child relationship, ask for drug/alcohol testing, and seek a temporary restraining order preventing him from taking possession of the child until a hearing can be held.
The courts in Collin County work hard to protect children so if you have specific articulable facts that suggest an immediate risk of danger to the health or safety of the child, the court will probably help you out.
I agree with Mr. Delay. Unfortunately, by withholding your daughter you will be in violation of court order and if your finance's ex spouse files something called an enforcement against your finance, she can be held in contempt (which will result in jail time), fine, penalty, and attorney fees.
Based on your facts, you will need to seek a modification of your current child custody/support matter. You may ask the court, based on the evidence, that your finance ex spouse gets supervised visitation where a 3rd party will be present during his visitation and it will not be overnight stays for your child. (You can ask for variation of the custody matter). Moreover, for immidate resolution prior to the modification adjudication, you can also file a temporary orders that will take affect until the final order regarding the modification order.
Sorry for the vague answer. Any matters regarding child custody is a delicate and complex process.
Consult a local family law attorney familiar with modficiation and child custody to assist you.
Good luck and wish you success
Min Gyu Kim (Peter)
The statement above is general in nature and does not constitute legal advice, and in no way be interpreted as legal advice. Consult with a local attorney in your area to receive an answer specific to your case. This information does not create an attorney-client relationship.