Q: Abusive ex re-opening custody case
A judge found my ex abusive of our children during his visitations with them and issued a restraining order and court-ordered therapy. The case was closed. It's two years later and my ex is re-opening the case. What is the process? My oldest is 11 and wants nothing to do with the visits. She has been in therapy for 4 years over his abuse. Would they listen to her wishes at all or just go by the fact that (I'm assuming) he went to therapy and say that he should get visits back based off of that? She is terrified of seeing him again and her sister is too young to even remember him. I am currently looking at attorney's in the area but would love some feedback. Thank you for your help.
A:
If a Judge made a finding of fact that your ex was abusive, then your ex should have quite an uphill battle in convincing any Court that he is rehabilitated enough to have visitation at any point in the future. I recommend you consult with an experienced family law attorney in your area.
Your theory of the case can be quite simple here: Ex has anger/behavioral issues, a Court has found facts that he was abusive in the past, the Court cannot be sure that he will not attempt to abuse the children in the future, the children are terrified of him and do not wish to have visitation, he has already been subject to a restraining Order. Focus on these and similar facts and it is likely that your ex will fail in his attempts to secure visitation in the future.
There may be more relevant facts that are unknown to me that could change this calculation. Good luck!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
