To be as brief as possible, signed a parenting plan with extremely abusive ex, giving me custody but him nearly equal time. Became ill in n out of hospital,subsequently lost business & house- leaving her father as what was in her best interest at the time. Regained stable home less than two months from the beginning of illness and he will not let me speak to or see my baby, he uses restraining order to his benefit, he is a narcissistic sociopath who is relentless in making sure he wins some sort of invisible race against me, at all costs, was extremely abusive physically and mentally when we were together, regardless of daughter seeing being hurt, he is a sociopath, he plays the innocence well, but he also has bad record in past.What a mess! What now? Court coming up per his request..
It appears that the parenting plan you signed was voluntary and without trial, which may give you a way to proceed with a counter-petition. It is critical that you retain counsel--these cases are all too common and are too often time-consuming and impossible alone.
Your solution is simple, hire an attorney. Because you voluntarily strayed from the PP, he now has a basis to Modify the Parenting plan based on the chldren being integrated into his family.
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It sounds like you had custody under a parenting plan, got sick, and your ex filed a petition to modify and a motion for temporary orders. You need to respond to all his allegations in a sworn declaration which you file on your behalf. Include your statements about his physical and emotional abuse, giving specific examples. See my AVVO Answers and Legal Guides on child custody and parenting plans for more information about the legal issues raised by your inquiry. Please keep in mind that although my AVVO Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. There are always exceptions to the general rules. To find my Answers and Legal Guides, click on my photo. On my AVVO home page click on "Contributor Level - View Contributions" or scroll down further and click on "Contribution - Legal Guides" or “Answers.” Scroll down the list of my Legal Guides or do a topic search in my Answers and select those which are relevant to your question. If you like my Answers and Legal Guides, please make sure you mark them as “helpful” or “best answer”. Thanks in advance for your support. © Bruce Clement
©Bruce Clement. This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.
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