I recently learned that my ex is dating my niece (who is a Prison Guard) who is not only a bad influence on my daughter (cussing constantly & degrades me in front of her), but she also is very violent (throws things, has threatened to shoot her own father with her pistol recently, etc).
My ex and I had agreed “temporarily” to have joint custody (alternate week to week), but now I’m having major concerns about this. Last weekend my niece STAYED in his house overnight for 2 nights WITH my daughter there. My daughter came home Sunday saying curse words which she has NEVER done before…and saying that I’m crazy and mean for “correcting” her language. VERY UNUSUAL behavior for my daughter!
Can I somehow seek emergency “custody” due to these facts? I’m am terried of what this behavior will do to my daughter (she’s only 7). I also can prove criminal conversation, which I am going to pursue as well towards my niece.
Thanks again Erin for your wonderful advice & support through this forum! EXCELLENT RESOURCE!
Donna
This is not an appropriate situation for emergency custody, however I do agree that something needs to be done and soon. I assume you have no court order, and that the current arrangement is outlined by verbal agreement only. You will need to file an action for custody, and set a temporary hearing as soon as the court calendar allows. In the main time voice your concerns to your ex in writing, and limit the time your child spends there (unless there is a court order already in place.)
Unfortunately we do have a “temporary” court order for shared/joint custody. We went to custody mediation but we could not agree. I’ve heard that he is going to try to seek primary custody - which concerns me even more. I’m not sure how the court process works…so I’m not sure when we’ll be going to court for “permanent” custody. All I’ve heard is that we go for ED in November. No other court dates have been set thus far.
My niece is trying to get transferred to our town ASAP, and I’m sure she is planning on staying with my ex. I need to do something as soon as possible. Just not sure what???
You may file a motion for judicial assistance in order to bring this matter to the judge’s attention.