Ask A Lawyer: Q and A – Child Safety and Custody

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Child Safety and Custody –

Child Custody Question – Get Expert Family Law Article Advice from our Ask a Lawyer Topic Section on SingleDad. Send us your questions about Father’s Rights, Paternity, Child Custody, Child Support, Modification, Parent Alienation, Alimony and Spousal Support and we will get you answers fast.

Ask a Lawyer:

Q and A with Jeffery M. Leving, Ltd.

Q:
I have a serious child custody problem and need the advice of a
fathers’ rights attorney. About four months ago, I filed for divorce
from my wife after I discovered that she was having an affair with an
eighteen-year-old woman (let’s call her Jane). I moved out, and the
court gave my wife temporary custody of our daughter, who is ten.
However, shortly after I moved out, Jane moved in.

My
daughter is not a fan of this girlfriend. She told me that Jane is
always "acting funny." I looked up Jane’s on Facebook and was disturbed
by what I found. My wife has residential custody until our divorce is
final, and I think fathers’ rights is going to be a serious issue for me
given what I found on Jane’s Facebook page. Jane has a substance abuse
problem. She was also sexually abused as a child and became pregnant at
age 12.

Since
moving in, Jane has used corporal punishment on my daughter, and she
also confessed to my wife (in my daughter’s hearing) that she feared
that she would one day abuse a child because she herself had been a victim. Then she told my wife that she had a dream in which she killed my daughter!

I
decided to take a stand for fathers’ rights to child custody and
refused to let my daughter go home after I realized how serious her
situation had become. She has been with me about six weeks, but my wife
has filed a petition to hold me in contempt for violating the temporary
order. Will I have to return her to my wife? Our divorce is not
finalized yet, and now I’m really scared of losing my daughter and
having her stuck in the same house with these crazy women. What should I
do?

A:
This situation seems very threatening and requires immediate action.
You will need a skilled fathers’ rights attorney. Child custody
arrangements can be changed when there is a very serious threat to the
child’s well-being. In this scenario that you described, your daughter
could be irreparably harmed by Jane. In Illinois, your lawyer can
immediately file for an order of protection from your wife and Jane and
name your daughter as a protected person. Your lawyer should also seek
to obtain exclusive possession of the house, so that your wife and Jane
are barred from remaining there, and your daughter can stay in the house
with you until your divorce is finalized. You should seek a leading
fathers’ rights law firm with a child custody focus that has the
resources of a trained and licensed private detective
to perform a serious background investigation on Jane so that the
danger she presents to your daughter can be adequately shown to the
court. You should also petition the court for sole custody of your
daughter right away.

Your
daughter’s safety is the most important matter in your case, and an
experienced litigator should able to prove to the court that these women
are placing your daughter in danger.

Richard JaramilloRichard “RJ” Jaramillo, is the Founder of SingleDad.com,
a website and social media resource dedicated to single parenting and specifically for the newly divorced, re-married, widowed and single Father with children.
RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents
“Make Life Happen…Again!”

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Richard “RJ” Jaramillo, is the Founder of SingleDad.com, a website and social media resource dedicated to single parenting and specifically for the newly divorced, re-married, widowed and single Father with children. RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents “Make Life Happen…Again!”