The next step

[MomInNE]

What is the name of your state?NE




My husband got temp. physical possession of his daughter until our hearing . Which hasn't been set yet!

How hard is it going to be to get the custody order modified ? My husband is seeking full custody now.
Am I assuming wrong that this will be done at the hearing?



To refresh your memory...

My Earlier post....
I am a stay at home mom. I also watch my stepdaughter (6yrs old) when she is out of school.
My stepdaughter showed up at our house with a huge bruise and abrasion, from her collarbone to her armpit. I asked my stepdaughter if someone hurt her. She explained to me that her mom's boyfriend (who they live with) did this to her. I called my stepdaughter's counselor. My stepdaughter talked to her counselor privately in her room. After their conversation the counselor informed me that from their conversation, she had to call CPS and for me to call them as well.
A police report was made and pictures were taken of the injury. The police served the boyfriend with a child abuse citation. The police told us that because the mom has full custody that he had to return his daughter to the mom. My husband refused until mom found another place to stay, away from the boyfriend.
My stepdaughter is scared to be around the boyfriend and did not want to go to his house. She actually locked herself in the bathroom when she thought we were going to take her to her mom.
The mom decided to stay with the boyfriends' parents. My husband let the mom pick up their daughter since the boyfriend was not an immediate threat to their daughter.
Mom is planning to go back to the boyfriends' house with their daughter.
My stepdaughter also called the next day crying for me to come pick her up. She was scared because mom told the boyfriend where they were staying. I explained to her that I couldn't pick her up without her mom's permission. Her mom agreed, then changed her mind. Mom said she was afraid we wouldn't give her back.
Does my husband have the right to keep their daughter, when she returns to our home, until the mom finds another place to live?
My husband does not have full custody, but does have his daughter 50% of the time.

 

[Whyte Noise]

What does the temporary order say about mom's visitations?

(You said your husband has temp. custody until the hearing, correct?)

 

[MomInNE]

Mom has no visitation as of right now.
Hearing should be set within 10 days.

 

[Whyte Noise]

Well, if she has no court ordered visitation and dad has physical custody right now (even if it's a temporary order) then legally dad doesn't have to let the child go. So yes... he has the right not to allow mom visitations.

Just an outsiders observation here... perhaps dad got temp. custody to keep the child away from mom's boyfriend. Maybe the court figured mom wouldn't stay away from the boyfriend. And "maybe" it's not the best thing for the child to be going to mom's... especially since the b/f knows where she lives, and mom is planning on going back to his house with the child. If dad allows visitation it might look like he doesn't have a problem with the situation (b/f possibly being around). See what I'm saying?

Is the hearing you're referencing a modification hearing? Or is that a hearing about the abuse charges? If it's about the charges on the b/f then it's highly doubtful a modification would happen then, as that's a criminal charge, and not a civil case (like the mod. would be).

 

[MomInNE]

My Husband is not going to allow visitation, since the mom lives in the boyfriends house.
The Mom will not leave the boyfriend. She still loves him and can't believe he would do this on purpose. ( this is her excuse to stay with b/f)
The modification is on the custody of the daughter.
B/F won't go in front of a judge for at least a month.
the B/F does have a criminal record, which includes: Fraud. forgery, assault, criminal mischief with a motor vehicle and attempted suicide.

My question is, Will it be difficult for my husband to get full custody now that a judge granted temp. physical possession of his daughter?
A hearing will be set in 10 days about this matter.

My husbands daughter has told us both the b/f is mean to her mom and very mean to her. That he hits her mom.

 

[MomInNE]

Does anyone have any advise about going back in for our hearing for the modification of custody?
The hearing date will be set this week.

 

[VeronicaGia]

Does anyone have any advise about going back in for our hearing for the modification of custody?
The hearing date will be set this week.

If your husband doesn't have an attorney, he needs to get one NOW.

 

[MomInNE]

He does have an attorney.
We are just concerned the judge will just give his daughter back to the mom , who lives with this B/F.
What are my husband's chances of keeping her now that he has temp. physical possession?
Worried that mom will find a place to stay until this blows over and then go back to B/F.

Just curious what other attorney's experienes are with this sort of case.

 

[casa]

What is the name of your state?NE




My husband got temp. physical possession of his daughter until our hearing . Which hasn't been set yet!

How hard is it going to be to get the custody order modified ? My husband is seeking full custody now.
Am I assuming wrong that this will be done at the hearing?



To refresh your memory...

My Earlier post....
I am a stay at home mom. I also watch my stepdaughter (6yrs old) when she is out of school.
My stepdaughter showed up at our house with a huge bruise and abrasion, from her collarbone to her armpit. I asked my stepdaughter if someone hurt her. She explained to me that her mom's boyfriend (who they live with) did this to her. I called my stepdaughter's counselor. My stepdaughter talked to her counselor privately in her room. After their conversation the counselor informed me that from their conversation, she had to call CPS and for me to call them as well.
A police report was made and pictures were taken of the injury. The police served the boyfriend with a child abuse citation. The police told us that because the mom has full custody that he had to return his daughter to the mom. My husband refused until mom found another place to stay, away from the boyfriend.
My stepdaughter is scared to be around the boyfriend and did not want to go to his house. She actually locked herself in the bathroom when she thought we were going to take her to her mom.
The mom decided to stay with the boyfriends' parents. My husband let the mom pick up their daughter since the boyfriend was not an immediate threat to their daughter.
Mom is planning to go back to the boyfriends' house with their daughter.
My stepdaughter also called the next day crying for me to come pick her up. She was scared because mom told the boyfriend where they were staying. I explained to her that I couldn't pick her up without her mom's permission. Her mom agreed, then changed her mind. Mom said she was afraid we wouldn't give her back.
Does my husband have the right to keep their daughter, when she returns to our home, until the mom finds another place to live?
My husband does not have full custody, but does have his daughter 50% of the time.

How is the little girl doing now? Are you being proactive and getting her into therapy? You should do this NOW- It will only help her deal with all this trauma and transition. Also it will help in terms of professional's documentation re; the little girls' fear of the boyfriend.

Do you have the reports from Children's Services? The judge will likely want to review them, request them and possibly assign someone to look into the best interests of the child before making a final custody determination.

Right now the father does not have to 'allow' visitation, but if the court allows visitation- he will have to comply. Be ready for that possible eventuality and be prepared to have your husband's attorney ask for supervised visitation based on the fact that the mother won't leave boyfriend or stop living with him.

Good Luck to your family

 

[MomInNE]

Daughter has been in counseling for about 3 months now.
There has been other issues we have been dealing with. Daughter was playing and talking inappropriately.
Counselor said she was exposed to porn. Which we've been told that B/F has a huge collection of. Can't prove it though.
Daughter also told the counselor about the abuse from B/F. The counselor also called CPS the same day I did.
CPS already made a visit to the B/F house. Mom and daughter were there too.
Mom made the excuse that a 6 yr old cousin did this not her B/F.
CPS will be at our house this week.
Husband is not going to allow visitation, since mom is trying to make daughter feel bad about all of this.

Daughter is doing great here. She said she doesn't want to go back to B/F house. She's still scared.
My husband wants mom to be able to see their daughter. But does not trust her to not bring B/F around. Since she has no intentions of leaving him.

 

[MomInNE]

Just a note.
CPS was at the B/F's house BEFORE my husband got the exparte for temp physical possession.

 

[MomInNE]

Court date is set for Friday to modify.
I don't want to forget anything important.
We are getting school records to show that husbands' daughter has been suspended ( she's only 6yrs old) Hit other students, has been sent to principle many times.
We are getting her counseling records, CPS records,
Police reports and already have pictures of injury.
Will it be useful to get police records for the two times cops were called to our house to have bio mom leave, she was trying to get daughter when it was my husbands visitation. Also, she came to the house today, stating she was getting her daughter and I would have to call the cops to get her to leave. Which I did.

 

[rmet4nzkx]

Yes get all records and reports available, also all the police reports. Report everytime court orders are broken.

 

[MomInNE]

Are e mails to and from bio mom useful in court?
Bio mom lies a lot and we have saved every e mail to and from her.
Should we bring these to court, just in case she tries bringing up other things in court?
Or will this modification be strictly about the abuse?
I didn't know if everything can be brought up that didn't concern the abuse Is the modification just based on the reasoning for the exparte.

 

[rmet4nzkx]

Bring anything you have, it doesn't all have to be submitted.