modification of visitation

[sydneysteele]

What is the name of your state (only U.S. law)? ks

i am divorced from my ex and he has been having visitation every other weekend with our daugter and every time she comes back she has chronic diaper rash, strange bruises and marks in various places on her body. i have spoken with people who have seen first hand how he is with her and says he drives drunk with her in the car, that he doesnt change her or feed her or bath her and that he pawns her off on anyone he can so he can go drink and do drugs. my attorney filed a motion to modify visitation today and all we have right now are the pictures of the various bruises and marks that i have personally taken. what are my chances of getting the judge to actually push this order through without eye witnesses?? cause as of right now scheduling hasnt been convenient for any of them to go and talk to my attorney and give statements and im freaken out that the pictures alone wont be enough... we are supposed to go to court on this next week officially... please and advice or help!!!!! IM FREAKIN OUT HERE!!!!!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Proserpina]

What is the name of your state (only U.S. law)? ks

i am divorced from my ex and he has been having visitation every other weekend with our daugter and every time she comes back she has chronic diaper rash, strange bruises and marks in various places on her body. i have spoken with people who have seen first hand how he is with her and says he drives drunk with her in the car, that he doesnt change her or feed her or bath her and that he pawns her off on anyone he can so he can go drink and do drugs. my attorney filed a motion to modify visitation today and all we have right now are the pictures of the various bruises and marks that i have personally taken. what are my chances of getting the judge to actually push this order through without eye witnesses?? cause as of right now scheduling hasnt been convenient for any of them to go and talk to my attorney and give statements and im freaken out that the pictures alone wont be enough... we are supposed to go to court on this next week officially... please and advice or help!!!!! IM FREAKIN OUT HERE!!!!!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

Pictures alone generally won't be enough. They only prove bruising, not how the bruises got there. Have there been any reports made to CPS?

Did any of your witnesses call 911 when they knew he was driving drunk with your child?

 

[sydneysteele]

more info of original post

unfortunately none of the witnesses have ever called the cops or chld welfare... i have always had witnesses when picking up my daughter as to what she looked like and if there were any injuries....

 

[Proserpina]

unfortunately none of the witnesses have ever called the cops or chld welfare... i have always had witnesses when picking up my daughter as to what she looked like and if there were any injuries....

And neither you nor any of these witnesses ever saw fit to call the authorities if abuse was suspected?

 

[Proserpina]

What change are you requesting, by the way?

 

[sydneysteele]

more info of original post

unfortunately i did not find out any of the issues until about a month ago so i could not call and report it since it had already happened.. and the change that i am requesting is either supervised visits or none at all.. and if it helps am in contact with the witnesses and they ARE wiling to testify but with schedule conflicts have not had a chance for them to meet with my attorney to file a notorized statment..

 

[gr8rn]

Don't take this the wrong way but is this your only child? Because kids get bruises a lot of benign ways. They fall, they bump into furniture? Were they hand print bruises that would make you suspect abuse? Has Dad gotten any DUI's with the child in the car? I am surprised your attorney would file something without more concrete evidence.

 

[Proserpina]

unfortunately i did not find out any of the issues until about a month ago so i could not call and report it since it had already happened.. and the change that i am requesting is either supervised visits or none at all.. and if it helps am in contact with the witnesses and they ARE wiling to testify but with schedule conflicts have not had a chance for them to meet with my attorney to file a notorized statment..

So how many times exactly has Dad allegedly been driving drunk with kiddo present?

How long has this been going on?

Based upon what you've said here you have virtually NO chance at "no visitation", and very little chance at all at "supervised" based on what you've said here - you just don't have proof to justify either of these things. There are photos of bruising which don't prove when or how the bruises were obtained, and hearsay from witnesses who either cannot testify themselves or cannot attend a deposition. What exactly has your attorney filed and on what basis?

 

[Proserpina]

Don't take this the wrong way but is this your only child? Because kids get bruises a lot of benign ways. They fall, they bump into furniture? Were they hand print bruises that would make you suspect abuse? Has Dad gotten any DUI's with the child in the car? I am surprised your attorney would file something without more concrete evidence.

Ditto and ditto again.

 

[sydneysteele]

more info of original post

the bruises are things like marks on her neck and no this is not my only child i know that toddlers get bruises and thats normal. but the bruises that she has come back to me with are not considered normal and my attorney agrees with me on that.. and the witnesses are people who have seen these things first hand and are willing to tstify to everything that they have seen. and this has apparently been goin on for 11 months... and my attorney is filing a modification of visitation at least thats what its called.. i hope this helps you guys give me some more advice on this whole thing.. i am really worried about sending my daughter to her father because of all these issues. especially the fact that every time i get her back she has chronic diaper rash to the point of bleeding.( i have witnesses who have seen me pick her up from her weekend visit and seen me change her and seen the horrible diaper rash as well)

 

[Isis1]

the bruises are things like marks on her neck and no this is not my only child i know that toddlers get bruises and thats normal. but the bruises that she has come back to me with are not considered normal and my attorney agrees with me on that.. and the witnesses are people who have seen these things first hand and are willing to tstify to everything that they have seen. and this has apparently been goin on for 11 months... and my attorney is filing a modification of visitation at least thats what its called.. i hope this helps you guys give me some more advice on this whole thing.. i am really worried about sending my daughter to her father because of all these issues. especially the fact that every time i get her back she has chronic diaper rash to the point of bleeding.( i have witnesses who have seen me pick her up from her weekend visit and seen me change her and seen the horrible diaper rash as well)

so when you immediately rushed the child to the nearest ER and/doctor's office, what did they say?

 

[Proserpina]

the bruises are things like marks on her neck and no this is not my only child i know that toddlers get bruises and thats normal. but the bruises that she has come back to me with are not considered normal and my attorney agrees with me on that..

Are either of you medical professionals? What is considered "normal"? How are you going to prove this if the child hasn't been examined by a physician?

and the witnesses are people who have seen these things first hand and are willing to tstify to everything that they have seen. and this has apparently been goin on for 11 months... and my attorney is filing a modification of visitation at least thats what its called.. i hope this helps you guys give me some more advice on this whole thing..

When you asked your attorney the basis for the filing - as in, what proof, what evidence is being submitted - what did s/he say?

i am really worried about sending my daughter to her father because of all these issues. especially the fact that every time i get her back she has chronic diaper rash to the point of bleeding.( i have witnesses who have seen me pick her up from her weekend visit and seen me change her and seen the horrible diaper rash as well)

Again, why wasn't she seen by a physician?