I'm currently in the middle of a custody battle and have heard some horror stories looking for a second opinion. Ive

Expert's Assistant chat
Customer: Hi
JA: Hi. How can I help?
Customer: I'm currently in the middle of a custody battle and have heard some horror stories looking for a second opinion
JA: What steps have you taken? Have you filed any papers in family court?
Customer: yes ive obtained a lawyer and everything has been filed , we've had the very first court date and the second date for case conference s coming up in April
JA: Family law varies by state. What state are you in?
Customer: im in canada ontario
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: this is was initiead my a emergency call and text mesage by my sons mother that there was a confrontation between her and her partner and it wasn't safe for my son
Answered by Legal Ease in 5 mins 6 months ago
imglogo
Legal Ease
10+ years of experience
logo

164846 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
Legal Ease
logo
logo
164846 Satisfied customers
logo
10+ years of experience
imglogo
Legal Ease
10+ years of experience
logo

164846 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

Legal Ease, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.
Customer
Hi
Customer
Im looking for a second opinion
img

Legal Ease, Expert

Did I give you the first opinion? I'm trying to find if I did or not.
img

Legal Ease, Expert

There just isn't any other question on your account and so I don't know if you want me to go ahead or not.

Customer
Hey
Customer
No
Customer
I have a lawyer which is my first opinion
Customer
I'm looking for a second opinion on the case
img

Legal Ease, Expert

OH OK!

I know your question is important to you and I will be giving it the time and attention it deserves.

Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.

I am sorry to hear of this difficult situation.

So it seems that you have physical custody of a child now because you had to swoop in to protect your son. Your son's mother actually initiated that.

So now I assume that you want to have the child live with you because of the dangerous situation that the mother has created with her (likely abusive) partner?


Customer
Correct
img

Legal Ease, Expert

So are you asking me if just based on the idea that the child was in danger with the partner whether you would get an order for having a child live with you full-time at least for now?

Customer
Well
1. She's asking for the case to be dismissed and for fees to be paid out of my pocket.
2. Do you see a temporary custody order for either side
Customer
He has lived with his mother for majority of his life
Customer
I have had continuous access
Customer
Education wise he has been doing better with me and his well being and health
Customer
She has put a address on file where their was a violent situation with a family member and the police were called
img

Legal Ease, Expert

Has the children's aid Society been involved?

Customer
they have interviewed her in 2018
Customer
after the incident in September
Customer
They determined Noah was fine with me and they continued to work with his mother
img

Legal Ease, Expert

Do they think Noah is fine living with his mother right now?

Customer
Not in my opinion
Customer
Based on the circumstances and home status
img

Legal Ease, Expert

Oh I understand what your opinion is and of course I do share that opinion but I'm wondering if the children's aid Society is fine with Noah living at home or not.

Customer
what had happened in the last incident where they were involved, they interviewed her .. and her boyfriend .. they also interviewed my son who is 9 years old and spoke to me and my wife..From their findings they had no concerns for Noah at my home .. they did state that they needed to interview and work with his mothers household as well .. she was pregame to at the time and they chad concerns of the new baby
Customer
I'm not 100 percent sure on if they have stated that Noah is ok there at his mothers or not
Customer
But they did say they were fine with everything on my end and closed it on my end with him being ok at my home.. and stated that they will continue to work with his mother
img

Legal Ease, Expert

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

Your case would be stronger if you can bring in evidence that the worker is concerned about your son being unsafe in the home and that they are working with the mother and have concerns about the baby. That evidence will help you.

For now it seems that unless some mother gets that violent partner out of the home your case will be particularly strong because the child should not be exposed to seeing violence even if the violence isn't directed towards him.

Is that what your own lawyer says?

Customer
He does say something similar
Customer
At the moment I have her friends and aquatints writing statement letters to provide for the court to say what they have seen and or heard and what they know personally them selves
Customer
Do you think that will help at all?
img

Legal Ease, Expert

Well I think if there's a hearing your friends and acquaintances should have sworn affidavits that your lawyer can do and that would help and if there's a trial they would have to be subpoenaed and they could testify.

Customer
Ok great I know 1 of them is for sure an affidavit because the person is sworn by the courts as she works with a lawyer
img

Legal Ease, Expert

That is great. Affidavits are definitely best.

img

Legal Ease, Expert

Is there anything more I can help you with before I mark this question as complete?

img

Legal Ease, Expert

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer