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I want sole custody & the father to have only supervised visits. How would the judge see this case? I fear for her safety & life

Miami, FL |

I take my daughter to see her dad once a week, I have always been open to him seeing her, However, 2 weeks ago he hired a mediator so that he can spend alone time, nights and weekends with her.

When we lived together he was very violent. He also looked and touched her in an a sexually inappropriate manner, which is one of the reasons I do not want him alone with her. I am scared for her safety and well being and I fear that if I leave her alone with him these actions will continue. When I took her over 3 weeks ago, he took her upstairs and at the time that he was going down he did not hold her hand and just watched her fall on her back and hit her head going down the steps. When I questioned him, he said it was just an accident. I feel that this was done on purpose.

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Attorney answers 2


Did you report your concerns and the incident to a doctor or social services? If there is no documentation present, a court looking at your request now would be faced with a he-said/she-said situation and may well side with him due to the lack of evidence on your part. You may well have fears about her safety but you need some evidence to convince a third party that these fears are legitimate. You should consult with an attorney as soon as you can to understand what you need and how to go about getting it.

This answer is provided as a general opinion to a question posted on an internet forum. This does not create in either party the expectation that an attorney-client relationship has been entered into between the original poster and the Law Office of Reid Seino, LLC. Any information provided should not be solely taken as legal advice but in the context of general information. Please seek legal representation for any specific legal questions.



I do have messages where he confirms that he was violent the day that he was asked to leave my house, where he broke things and acted violently. We did not call police because we had just moved in and did not want problems with the landlord. My mom and sister were present for this incident. She was also present when he would look at her inappropriately during bath time. Would my mom be able to testify to this, would this be enough?

Reid A Seino

Reid A Seino


There may be some validity in your story if you have evidence to support it (i.e. messages) but what type of evidence that can come in will depend on your state's rules regarding evidence. Some forms are allowed while others may not be, which is where a local attorney would be very useful for you. You also have witnesses to the violence which may help you as well as long as they are able to testify if needed. What is "inappropriate" will also depend on several things. The age of your daughter will definitely be a factor because of various issues, such as sexual assault potentially or abuse in the home. If you have a concern about these things, you should move as quickly as possible to seek counsel and file.


I agree with the other attorney. Documentation of facts and events cannot be done too thoroughly. You need to hire a family law attorney to guide you, in my opinion. Furthermore, a mediator cannot simply be hired an then start changing time-sharing without your consent. Your fact pattern seems like it is missing critical components. Is something missing here that you are not sharing with us?

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

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