My child's father just recently got out prison in January. He was in there for 6 years. Hes on parole. He recently had told me about him getting into a fight and shot off a gun in the air as a "warning" not to mess with him. Hes irresponsible. About a month ago my 7 year old daughter got on his computer and there was porn playing on his computer so I stopped the visits. Hes also threatened to kill me in past if I ever took her away from him. Hes been physically abusive in past aswell in front of our daughter. He is wanting joint custody and I want full custody.
If there is no parenting plan in place, you need to hire an attorney and file for custody as soon as you possibly can. If you have a parenting plan, most likely you have to stick with the terms of the parenting plan until your attorney can file for a modification. There are only rare circumstances in which you can violate a court's order, and you have to be willing to take the consequences of a motion for contempt. The best thing for you to do right now is consult with a local family law attorney and see if you have a good case. It sounds like you do.
This answer is not meant as legal advice, nor does it create an attorney client relationship between myself and the person asking the question. I am treating this as a hypothetical question, and I am giving some thoughts in response to the hypothetical based on my training and experience. The goal is to get you pointed in the right direction. The best thing for you to do, of course, is call a local attorney and schedule an appointment to get specific legal advice to your specific question.
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