Q: can i get full custody of my children due to they live in a hostile environment in their dad’s house?
my daughter have told me how her dad and wife yelling and screaming. she is force to participate in a sport she has repeatedly told her dad does not want to participate and he refuses to listen and yelled at her. in one occasion, she told him gymnastics class was canceled due to Thanksgiving week. He did not believe her and dropped her off at gymnastics parking lot and left. My daughter said the door was locked and she has to stayed outside for hours . A lady from a hair salon noticed her and helped her. She called the police. The officer went to his house then he went to pick up my daughter at the hair salon. Her dad told my daughter not to tell me anything about the situation. She is scared. My daughter is 8 years old. I have another daughter of the age of 6 years as well. When I ask them about how everything is going with their dad, they say bare minimum and look afraid of saying anything and that worries me as well because the safety of my daughter is the most is very important.
A: Yes, you can get full custody under those circumstances, but it is far from a guarantee. This is not a clearcut case for getting full custody, but you have arguments you can make that could get you there. A judge is going to be very concerned about what happened with the gymnastics dropoff, but the police likely made a police report about it that you can request. The yelling and screaming is also concerning. (The fact he is having her participate in a sport against her wishes I don't see as being consequential; however, yelling at the child over it is a concern that should be raised).
A:
You have certainly described some very concerning and disturbing circumstances that your judge would surely want to address. With your initial "Petition for Modification", you could also file a Petition for Temporary Orders. Such is the quickest manner of getting to see your Judge and make changes sooner than later. If you believe your daughter may be harmed by fAther, then you can also seek emergency temporary orders.
A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, 1/2-hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan. I would encourage you to quickly schedule this free consultation.
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