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My children have come home from their father's house multiple times now telling me how he is verbally abusive to them and that his girlfriend is also emotionally and verbally abusive to them. It has been multiple times now, so this is something that I do not take lightly. What are my options as far as taking him to court for this. I want what is best for my children and I can see that they are miserable going there. I plan on having them go to a therapist. Could I use their testimony if they were to believe that it is in the best interest of my children to go see him anymore? Any guidance would be greatly appreciated. Thank you.
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Stephanie E. Emanuel, Esq.
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You did not mention if there is any custody order in place. I would assume there is none. But if there is, you will want to request the court for modification. Otherwise you would have to petition the court to seek primary custody and give him visitation. Even if you do go through therapy/counseling and they find the father at fault, you can use that as your personal evidence/statements to gain temporary Primary custody while the case is in progress. During the case, the judge may order therapy and psychological evaluations along with appoint an attorney for the child. All of this is not cheap, be prepared to spend a good amount of budget throughout the process. If you are comfortable in representing yourself in court, we do offer Pro Se services to help keep your litigation costs low. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com
Answered on Apr 28th, 2018 at 5:32 AM