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How should I proceed with this situation in order to protect my children?

Milwaukee, WI |

My ex wife has a live in boyfriend, which was all fine and dandy until he attacked her and she had to call the cops on him to have him escorted out of their apartment (he is on the lease) She came over and told us it was over, she seemed pretty shaken by the whole event, but now she has invited him back into their home over there and that has me nervous as I don't want a man who assaulted my ex wife around my children. I expressed this concern to my ex wife who told me there wasn't much I could do about it...I would like to seek custody of my children as there is more going on, but where should I start? Would a restraining order be a good place??

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Attorney answers 4


I would suggest going into court to modify the current visitation order. I strongly suggest that you consult with a local attorney who can advise you on how to proceed. Good luck.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


You don't have grounds to seek a restraining order except if he directly harmed or physically abused the children. However, a harmful environment at mom's is certainly grounds for modifying placement. You should consult with an experienced family lawyer who can review all of the facts and give you an opinion as to what you should do.


You should file a motion to modify placement. An attorney helping you will greatly increase your chances of obtaining an order for placement that you desire.


I agree with the other responses, you should file a Motion to Modify the Placement (custody) of the children. We offer low initial starting fees and free phone consultations.

Attorney Laura A. Stack
633 W. Wisconsin Ave.
Suite 304
Milwaukee, WI 53203
Tel: (414) 272-1005
Fax: (414) 272-1049

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