The father of my children has full physical custody, we share joint legal custody but parenting time due to mediation is 50/50. I have had huge concerns my children are being abused. Their father was physically, emotionally and psychologically abusive towards me and now my son's are showing signs. I contacted CPS but they did not do a very good job in my opinion. The first worker saw me in person but didn't look at pictures I have of injuries and videos of my son's begging to not go to their dad's. The assigned worker talked to my son's for five minutes each without me present and with me on the phone once for a bad connection less than ten minutes call basically dismissing any allegations or suspicion but they did find the children to show signs of perversion towards one another. There are lots of bigger issues and it's a long story. I just want to know how to help keep my boys safe and not having to go back to an abusive situation.
Hire a lawyer! You cannot represent yourself in this. I am sorry that you got stuck with 50-50 custody but you owe it to your sons to get them out of the situation they are in. You picked an abusive man as their father, so it is now up to you to rectify the damage. Good luck.
The best thing you can do to help protect your boys is to hire an experienced family law attorney. You will not learn to practice law before your hearing.
The opinion that I express should not be considered to be legal advice that can be relied on. It is based only on the limited amount of information provided rather than doing a thorough review of all of the important information that is required to give accurate legal advice. You should consult with an attorney that has extensive background in the area of the law that your are inquiring about.
Hire an experienced family law attorney and be prepared to show PROOF of the claimed abusive behavior which has occurred since the last parenting time/custody order entered.
Your chances of prevailing are greatly diminished if you attempt to do this yourself.
To the PROSPECTIVE client, please review my efforts to assist by quickly and frankly responding to your question with AVVO. Also, please realize this PRELIMINARY answer to your question(s) is for general purposes and based upon the information you have conveyed. As the response is based on very limited information it MUST NOT be relied upon as the basis for action or inaction. If you are seeking legal advice which you can and should rely upon you will have to engage an attorney, provide all of the facts in detail and answer their questions. My response does NOT establish an attorney-client relationship. That may only be established by mutual agreement, and the signing of a written retainer agreement, which will require payment for our services. Providing counsel and representation is what we do for a living and, just like you, we must get paid for our work.
The judge's decision for custody matters is determined according to the "best interest" factors. You need to obtain evidence relevant to each of these factors. However, I highly recommend you contact an attorney for this process, very often an attorney will know what type of evidence to look for after having a more thorough understanding of the facts and circumstances of your situation. Finding the right type of evidence can be a tricky thing and an experienced attorney will be able to provide enormous help in this regard.
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