Q: Can I file and Order of protection, requesting immediate relief of custody pending hearing?
I filed petition for modification of custody, change of circumstances. Im confident my petition meets threshold to qualify for change. I have joint legal custody with my daughters father, he has residential. The last order was set forth may 2020, Nassau county NY. Since then I have relocated/purchased a home in PA. There’s been persistent conflict of father denying parenting time, making unilateral decisions, and his overall irrational & inconsistent decisions & behavior are extremely concerning for child’s well being mentally/physically. His attempts at thwarting my relationship with our daughter are for reasons of self seeking control. He is unable to coparent at a minimal degree for her sake. There’s been new information extremely concerning brought to my attention regarding inappropriate conversations w/fathers girlfriend & other household members involving the child. I have proof of text convos from child’s phone (under my name). What are my options w/o hindering my modification?
A:
You can file for an order of protection if you believe your child is in immediate danger. This order can include temporary custody arrangements pending a hearing. Document all instances of denied parenting time and unilateral decisions as evidence. The texts you have can also be submitted as evidence of the concerning behavior.
Since you have already filed for a modification of custody, these incidents should be included to support your case. It is important not to take any unilateral action that could negatively impact your petition. If you feel your child is in immediate danger, contact local law enforcement and seek an emergency order of protection. Additionally, consult with an attorney to ensure you navigate this process correctly and to advocate for your interests in court.
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