Q: My ex is threatening to get my daughter taken from me because I allowed him to see her after courts said not to.
In 2012 my daughter was taken into foster care because my ex was abusive to me. They said if I can't protect myself I can't protect her. I was eventually reunified after doing victim's classes, parenting classes ect. He did nothing, so was never reunified. He went to prison shortly after for DUI w/ great bodily harm. 5 yrs later he gets out and I allow his girlfriend to supervise visits. She told me a few times that she couldn't come over because he was messing up with drinking and drugs. I kept trying to allow them to get to know each other when he was sober, but now with covid I said the visits had to stop since his gf had it. He got mad, and now is taking me to court saying he will tell the courts that I have been going against the order by letting him see her. He pays no support (40k behind) yet has a private attorney. I'm scared that me trying to not alienate them has now backfired in my face and I will lose my daughter for good! Will they take her from me for breaking the order?
A:
Your ex is most likely taking you to court in the family law division. The Court that entered the Order reuniting you and your daughter and denying your ex contact with you daughter was the dependency court. That case is most likely closed at this point. While it was not a good idea for you to go against the Court's Order, if the dependency case is closed, then it is not likely that you will receive any negative repercussions for those actions. You will have to explain to the family law court most likely why you allowed him to visit with her if he brings it up in Court and the lawyer will likely try to use that as evidence that you are not adequately protecting your daughter but it would shine a bad light on his own client so it will most likely not be done. You should really consider retaining a family law attorney to assist you with your case. Most JUSTIA attorneys offer a free initial consultation. Contact one of us tody and let us know that you found us on JUSTIA. Good luck.
Sincerely,
B. Elaine Jones, Esq.
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