Q: I just got severed last Friday for Motion For Enforcement of Possession or Access. How do I response to it?
The dates go all the way back to 2018. But, what I don't get that we don't have police reports for any of the days he is claiming that I didn't let the kids go. Also I'll like to turn the case into I change in child custody because I don't feel like my children are safe at his place.
A:
Police reports aren't required and are rarely offered into evidence in a post-decree enforcement proceeding for denial of possession or access.
You can file a motion to modify if you feel that your children are not safe at his place. While is is unlikely that a court would forbid him from having possession and access to your children absent extraordinary safety concerns, a court might impose additional restrictions on his possession and access, including the possibility of supervised possession in very bad cases.
These types of cases are very common and can be handled by any competent attorney who practices in the area of family law. It would be best to hire one in or near the county where your case is pending. A typical initial retainer for a case seeking a change of custody or serious restrictions on a parent's possession and access rights is $25,000. You very likely will also need to pay for expert witnesses and a custody evaluation as well.
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