We have a letter from both my child's teacher as well as his doctor stating that they feel the child is in danger while at the mothers house (my ex and i were not married). We have filed a report with family services. We have brought this to the attention of the mother and she refuses to respond. We received a motion from her lawyer to restrict our parenting time to less then half of what we have. We have recordings of the minors mother's boyfriend being aggressive and vulgarer when we tried to contact my child. Not only did he not say where my son is, but he called back again to say "not so nice things" a second time. There have been many times they have made threats to us. We have documented from text and email for over 2 years now and have many tings going back to about 2013 when the case was finished (or so we thought).The boyfriend has left my child at home for long periods of time and my child has accessed a gun and pointed it at the door until someone came home. They smoke or "vape" around him and blow it in his face. There are many more actions that show my child is not safe there. We plan on asking for a immediate hearing in our response, but will he be involved?
Your domestic relations court does not have jurisdiction to order the boyfriend to do, or not do, anything, since he is not a party to the case. It can, however, order the mother not to allow her boyfriend near the child if you can prove the boyfriend is a danger to the child. I do not know how you will be able to prove some of the things you assert in your post, since they happened outside your presence, and you will not be allowed to testify to the things the child told you. This is a very complex matter, and with the other parent seeking to restrict your time with the child, you really should have an attorney representing you.
This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.
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