I am the father and have residential custody, mother has visitation. We recently found police reports of mother’s boyfriend has multiple reports of assault, domestic Violence, gross sexual imposition... and it’s apparently been going on for years and had no clue. Looking at our documentation our daughter was present for multiple incidents, including the gross sexual imposition (will not put disgusting details on here) boyfriend is still frequently at mothers despite restraining and trespassing orders (mother allows him in anyways) I do not want my daughter around him and for these reasons and many more do not feel she is safe at mothers. I am waiting to hear if cps can help. If I don’t give my daughter to her mother for her visitation time I will be in contempt, however I cannot put her in that situation knowing what is happening there. I intend to go back to court for multiple reasons- but that will take months. Does this qualify for emergency full custody? What will happen if I refuse visitation? What can I do? Please help
Also, as residential parent, why was I never notified of my daughter witnessing these events? She was interviewed and no one ever contacted me- what can I do
Yes, for the most part you have correctly analyzed the issues. If a noncustodial parent is court ordered to receive parenting time, and the custodial parent withholds the parenting time, the noncustodial parent could file a motion for contempt. The custodial parent could offer reasons why parenting time was withheld as mitigation and/or a defense. These are all just very general statements. Discuss your specific situation with your attorney to get your questions answered and follow his or her advice.
This answer is for general purposes only and does not establish an attorney-client relationship.
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