Custody and assault

[Incharge1976]

My ex's boyfriend assaulted me last night while we were at the designated pick-up/drop-off point while my four year old daughter was present. Today I filed simple assault, harassment, and terroristic threat charges against him.

My daughter lives with this man who is a nut job. I do not want her anywhere near him. He is a loose cannon.

Does anyone know if I have a good case to get temporary custody of my daughter until this matter is resolved when we go to court on March 26th?

[Savant]

I can't say whether you have a good case or not because I'm not a lawyer, but I would strongly suggest that you talk to a lawyer right away.  I know that I would not want my kids around anyone who is so hostile towards me.  Did he physically attack you?  If so you could add "battery" to the charges.

[notnew]

You could also file for a protective order.

What is the current order between your ex and you?

You cannot bring issues from the case between you and her into the case you have brought against him. Two separate issues.

For example: You cannot request at his hearing that the pick up and drop offs be ordered to be at a police station for everyone's safety. However, I strongly suggesst that you take some action to get your current court order with your ex modified to contain this clause.

If you don't already have an attorney, get one. Shop around and interview several. Consultations should be free. Ask them what their track record is with Dad's and research as much as possible. Ask for references too.

I don't know at what point you are in custody issues with your ex. Her BF being a bad guy in your opinion is not in itself issue to change custody. Believe me, it takes a LOT to change custody.

However, to begin building your case, you need as much information about this guy as possible. You need to gather information on his criminial records, etc., so you have evidence to support your desire that he not be around your kid.

What he did in front of your child is bad and you are right to bring charges against him. However, in a separate motion, your ex needs to be held accountable for her actions in allowing this to happen and that is what you need to talk to an attorney about in my opinion.

The hearing on March 26 is for charges against him right? If so, then the issues surrounding your child and the custody issues won't be discussed or even considered then.

Good luck.

[notnew]

If you feel the child is in eminent danger then  you can file an emergency hearing asking for temporary custody.

Allegations contained in charges that have yet to be heard will not be evidence of actual conditions because they haven't been proven.

You have to take the emotional factor out of your thought process here and learn how the court looks at things.

What conditions exist aside from the guy that you believe may warrant a change in custody?

Has custody been established yet?

Based on the alleged assault alone, I don't think you could get temporary custody of your child at this point, but a lawyer would be better able to advise you on this.