If you are concerned for the safety of your child, you should consider submitting an ex parte motion to the Court requesting a temporary change to the parenting plan. To be clear, if you have reason to think your child is in danger, call the police.
Ex parte motions can be difficult to get granted on the first try. The Court will often schedule an expedited heating on the matter. You then have to convince the Court that there is an emergency warranting a change to the parenting plan.
Because of the difficulty involved in submitting ex parte motions, it would be a good idea to consult with a family law attorney. Please call my office for a free consultation.
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Contact authorities if you believe the child is in immediate danger. Also, it makes sense to speak with a family law attorney as well to help you outline your options to take action.
You need an attorney. These issues are far to complicated to be able to walk you through the process via questions and answers on Avvo.
Disclaimer: This response is offered for educational purpose only. This response in no way creates an attorney-client relationship between Anna Goulet Zimmerman/Law Office of Manning & Zimmerman, PLLC and the recipient. Responses are general in nature and should not be relied upon as legal advice. The response given is based upon the limited facts provided, and could be different if additional facts were known.
If you think your child will be in danger you need to take immediate action. If you believe that the current Parenting Order represents possible Irreparable harm to the child you should file an immediate ex parte (emergency) motion to modify the Parenting Order based on these, and possibly other, facts. However, it would be presumed that you informed the court of these situations and your concerns and it weighed this in making it's Order on parenting. Nevertheless, if you deem it necessary, you need to file this motion.
If you don't believe there will be Irreparable harm, then you can file a Motion For Reconsideration Of Parenting Order (depending on the date it issued), or a Motion To Modify Parenting Order - seeking a temporary halt of the court's Order pending the outcome of a mental health evaluation.
In either situation, you would best be served by working with an experienced Family Law Attorney. Given the state of your case I believe that you will not have the outcome that you desire without immediate assistance from an Attorney.
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