Q: Should I keep let my child’s father see him although we have pending custody case?
He’s father lied in the case and had me served for joint custody but he drinks heavy and talks to us both aggressively. Is their information you can give me to help me fight for protection for me and my son . For full custody of my preemie baby
A: Please remember this is site for general information and should not be used as a substitute for retaining a lawyer who regularly practices in the Court wherein your case is pending. That being said, if there is a pending case are there not also temporary orders (called "lis pendens" in some jurisdictions)? If not make a motion for such orders and raise your safety concerns with the court. Be prepared to present evidence and documentations to answer the following questions; In what ways is he actively harming the child? What, in your view, needs to happen so that Father can have a relationship with the child? Why? You mentioned he is a heavy drinker? What does that look like? Has he been convicted of any crimes where his drinking was a factor? Did any involve harm to a child? Remember that courts are increasingly beginning with a presumption that children need frequent and regular contact with both parents. You would then have the burden of demonstrating why this should not be so. Good luck.
A: The first thing you should do is hire an attorney. And I'm not sure what you mean by fight for protection. If there is domestic violence and an ongoing threat, you should seek a protective order, which is a separate case altogether. If you were served with paperwork for a pending case, and if you are not willing to hire an attorney, you should make sure to timely file an Answer to his petition, letting the court know if you agree or disagree with the statements made under oath, by the Plaintiff. And I will tell you this, if he is asking for joint custody and he is violent, you may be at a disadvantage handling this case yourself, especially if he has an attorney. Because once a final order is entered, it is just that, final. And if the court gives him joint custody, sole custody, or some kind of visitation, you will not be able to change it.
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