Q: My ex has threatened suicide. How do I prevent visits until he is evaluated and helped?
My ex and I divorced in Colorado. I reside in Georgia and he is in New York City. He is a vet with PTSD. He told me 24 days ago, along with his other ex, that he thinks about killing himself daily. He continued to talk about just wanting to end his life, while talking about his other ex and I abusing him. But we have the proof he abused us. He also filed to gain custody of the kids over summer, but the judge wouldn’t even consider it because he made it all about making his(my ex) mental health better. I am concerned that he is highly unstable and feel the need to hold off the coming visit until he is cleared. He has threatened suicide before and pointed a loaded gun at my child and I, before putting it flush to his temple with his finger on the trigger. He also chased his other ex around the house with a gun once, all of this happens when he isn’t getting his way. My concern is that I cannot protect my children if they are off in the mountains, and he loses it.
A: If you want the courts intervention before the father's next scheduled visit, you will have to immediately file for a modification an have the father served. Then ask the court for an emergency hearing and in that request it will have to specify the reasons for the urgency. If not, you will need to produce the child for visitation or you could be found in contempt of court. Based on the allegations you have made here, I think you should seek an attorney immediately in order to prevent any future visits, until such time as the father can be mentally evaluated. But not doing anything and not allowing the visit could get you into some trouble.
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.