What can I do to prove mental and emotional abuse of my child in family court?

Asked over 4 years ago - Las Vegas, NV

I have 3 kids, one of whom is with my very recent ex. The father manipulated the truth, pathologically lies, and has basically led a double life with affairs.

He has been mentally and emotionally abusive toward my children, including screaming profanities about me in the face of our 17-month-old son. I have found things out about him that are unbelievable. He has a history of playing people, and the relationship itself seemed to be nothing but a cover story and a game.

I was told by a friend that he could be a sociopath. When I researched it, I was STUNNED! And scared! I am thoroughly convinced that he has major problems and do not want him to inflict harm on our son.

How do I prove that there's cause for concern? I'm worried about my son. PLEASE help!

Additional information

I should have clarified. I apologize. Nothing has gone to court - yet. I am currently trying to print emails, texts, and obtain a police report copy from when he threw a shoe at me and grabbed my arm last summer. I lied to the police when they arrived to save him, as he'd pointed out that he could no longer work in security with a firearm if arrested. He had ME feeling guilty. I have also, an ER injury report from 2005 when he shoved an ex of his and she stumbled and fell on the asphalt. She protected him also.

Everything seems like a big game to him, and I know deep down he has serious issues. I'm just concerned about showing up to court and looking crazy because he puts on a good show. I have a decent amount of evidence in terms of his physical and verbal abuse, but it's hard to prove that he has these sociopathic qualities, as they are "good actors" as an article said. I just want to protect my son and be able to move forward already.

Attorney answers (1)

  1. Marshal Shawn Willick

    Contributor Level 15

    Answered . When you say "ex," I presume that you have been through the court process and that is why you two have split custody of the kids. If you have found out information SINCE the last court order which indicates that the orders should be different, you can file a motion to alter those orders. Even if the data preceded the last court order, if you or the court did not know about this info that you believe is important to child custody, it can be raised now under the Castle v. Simmons case.

    As a general matter, you can alter custody and visitation orders by filing a motion for that purpose. The flow-chart, legal tests, and a great deal of other information about how it works is set out on the Child Custody page of our firm website, at http://www.willicklawgroup.com/child_custody_vi.... Generally, unless there are doctor or police reports, etc., one "proves" unfitness or harm by way of a report from an outsourced evaluator. But the question will be raised of why you did not do so earlier.

    If you decide you would like to discuss this with one of the attorneys of this firm, please take a look at our consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation_pol....

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