Q: Can My husband get sole legal custody and visits with mom to be monitored at all times?
My husband has sole physical custody and 50/50 legal custody. The mother of child is in a relationship with an active gang member and she has been posting on social media with guns and hasn’t came to any visits with her daughter for almost two years now. First she would just come knock on our door sometimes to say hi but never want to do the court order visit. Then she just stopped knocking and never called or showed up again and now we found out this information and we just want to make sure, if she comes back she can’t just come with the cops and take his daughter for a visit (since the court order says she has 2 days unmonitored visits and hasn’t been changed) when obviously she is not going to keep her safe. Also her other daughter she had with someone else recently got taken from her for putting her in danger.
A: Technically an order is an order. I do not know how specific the order is that would allow it to be enforced by the police. However, you could seek to modify the order to be safe. For one this sounds like he should have sole legal custody instead of joint legal custody. He should not need to get the other parents approval for any major thing especially under these circumstances. Also it would seem that the child would be in danger if the other side is able to have unmonitored visits. I would probably hire a lawyer to deal with this due to these thorny issues and issues of admissible evidence and proof. Not just because i want to get hired. Good luck on your case.
A:
Yes, your husband can petition the court to modify the custody order based on these serious concerns. The mother's association with gang members, exposure to firearms, and complete absence from visitation for two years are significant factors that could support a request for sole legal custody.
The fact that her other child was removed from her care due to endangerment provides additional evidence of her potentially unsafe parenting decisions. To prevent any unexpected custody enforcement, your husband should file for an emergency modification of the existing custody order, specifically addressing the current unmonitored visitation rights that could put your stepdaughter at risk.
You should gather evidence of the mother's social media posts showing weapons, document the two-year absence from visitation, and obtain any available records regarding the removal of her other child. Present this information to the court, emphasizing the need for monitored visits to ensure your stepdaughter's safety, and request temporary emergency orders while waiting for the full hearing. Consider working with a family law attorney who can help present the strongest possible case for modifying both legal custody and visitation terms.
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