I live in FL, and my now ex-wife took off 5 yrs ago to CT w her bf w/out notice & denied contact the kids. It took the last 4 yrs to find them, legally go about divorcing, and reestablishing visitation etc. After agreeing to a parenting plan in 2015, she denied any contact when I was supposed to visit. Only after filing a contempt of court, has she allowed me to contact the kids. I have recently re-established a relationship with them and visited them. I just found out from her husband that she filed divorce & left him and kids. He is to take care of them, she only 'visits' and calls. She moved into a 1 BR apt w/ her new young bf, who just got released from prison for armed robbery (2x). She is insisting that the kids have a relationship with bf. He calls & messages the girls privately, picks them up and take them out alone and unsupervised. The older two have expressed their dislike for the guy. He wont even let her contact the husband directly, all communication goes through him & he is threatening and bullying. Now she says our 8yr old girl will live w/them How do I stop this? She doesn't know I am aware of situation. I have filed modification for custody, visitation
Your filing the modification was probably the most important step you could have taken. If you believe the children are in imminent danger or possible harm, you may want to file what is known as an ex parte motion for the Court to consider immediate action. Consult with an attorney to effect this plan of action.
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As usual, I agree with attorney Anthony. You need to retain competent counsel as soon as possible and seek an emergency ex parte hearing on custody. You will probably ask for a GAL for your children.
I agree with the other answers. The most important act you did was filing that motion to modify. If you feel the children are in an immediate risk of harm you can file an ex parte motion to ask the court to rule immediately. However, the burden to meet is high on these motions as you are asking to court to rule based solely on what you put in the motion and without a hearing. If you do this, carefully work on your affidavit in support of the motion to include as many facts as you can to support your request. Even if you lose this motion the court will likely order a hearing on it. This might give you an avenue to be heard quicker than the regular motion to modify. However, you needed the motion to modify to be filed in order to be able to file the ex parte motion.
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