cherrished said:
My ex-husband and I have been divorced since 1995. I have custody of our daughter who is now 12 1/2 years old. He goes out on the weekends that he has her and stays out til real late and often brings home strange women. My daughter is left home alone while he does this. He call me and her both very bad names in front of her. He didn't even come and see her or call her when she had her tonsils taken out. She hasn't seen him Christmas and she is begging me to take him to court so that she never has to see him again and she wants to change her last name to mine. What rights do we have and is there anything we can do?
Thanks,
Susie
Unfortunately I do not beleive there is much you can do to prove this to the courts. Your daughter may be old enough to talk to a Judge or a Mediator which will help in their decision.
You need evidence. Next time your daughter goes to her father's and he goes out drinking, leaves her alone, have her call you, send an officer to the residence to pick up your daughter. You pick her up from the police station or have them drop her off to you.
Does your custody/visitation order state that neither parent shall drink alcholic beverages, or do drugs in the resence of the minor child? IF it does, enforce it with the police.
I don't know what state you live in, but in California, you can not leave a minor alone without supervision ntil that child reaches the age of 13/14. In other States it may be different.
When he calls, record the conversation. Find out if your State is a one or two party State, this will determine if you have to notify him (by law) that he's is being recorded. If it is a 1-party State, you do not have to tell him.
When he comes over ranting and raving calling names, have a small recorder on your person to get it all, and calmly let him know he's being recorded (if it's a 2 party State). Once you have enough evidence, make the necessary police reports, and file for a restraining order. Take him to court and have your daughter talk to the mediator/Judge.
