what kind of proof do you have?
What kind of parent was he before? Is there any chance that there is an abuse problem that is coming up if this is coming from nowhere? If it is I think you could petition the judge to to an evaluation which could help. Depending on what kind of proof you have, you could also ask that his visits be changed to supervised visitation. It’s a tough situation to be in and he may not even know if he is doing damage to the children until he gets called out on it. I’m not a lawyer though so I would be curious as to what Ms. Nevicosi says

Is the issue that your daughter is having trouble adjusting to the situation or that you believe some abuse is going on while he has her? If you believe there is abuse, then an emergency custody order might be warranted, if it is an adjustment issue then you probably will not get emergency custody.

The visitation schedule he has now if fairly limited and unless he is abusing her don’t foresee that a judge will scale it back even more. However, you are doing the right thing by taking her to the counselor. Ask the counselor for her honest opinions on how your daughter is doing and go from there.

Can you alleviate the Monday problem by meeting your daughter for lunch at school? That is not always possible but if it is, it might make the transition easier for her.

Good luck.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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Phone: (919) 321-0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

My ex has taken completely frivolous actions to the court, in a motion for contempt. After showing my lawyer the proof I have he says that the judge will “laugh him out of court” (not in that many words)

Ex has continuously told my daughter that I was bad, on drugs, and that he was going to send mommy to jail for a long time. He is also on girlfriend number 5 since his seperation from his wife a year ago and has told my daughter that this new women is moving in and will be her new mom. (she has cried about this saying "I wish God never invented divorce, as she still misses step-mom) He has now bought her a second cell phone and has told her that if she doesn’t carry it, that he will take all of her privledges away for a week. (he only has weekend visitation)

Two consecutive visitations, My 7 year old has refused to go to school once it was over, she just wants to be at home with mom. She claims she is sick.

I have her meeting with a counseler once a week. Ex and I were never married, never together from the day she was born, he also was not a major part of her life until age 4.

Is this cause for emergency custody? I am obviously concerned, and will remain this way for my daughter, but I don’t want to “jump the gun” so to speak as an over emotional mom, either. I have full physical custody now, with ex have an elaborate visitation schedule of every other Thursday, every other Sunday and every other full weekend. I feel that his weekends with her have become devastating to her.