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Do i need to abide by a previous court order if i have ...
Sent to Legal Experts March 25 05:30 AM

Do i need to abide by a previous court order if i have filed papers to have it amended This is for a child visitation and if i dont will i get in trouble

Customer (name blocked for privacy)
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March 25 7:03 AM (1 hour and 33 minutes and 10 seconds later)
         
REPLIEDCheck Mark

Oh yes indeed you do need to abide by any previous court order. Once it is amended in your favor then you may go against a court order. It is in your best interest to continue until a judge looks at and rules in your favor. It could very much hurt your chances of winning the amendment.

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regards.

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March 25 9:12 AM (2 hours and 8 minutes and 58 seconds later)
         
Reply to 4ren6's Post: You mean to tell me If it is unhealthy for the child and a doctor thinks there should be supervised visits. This guy has abuse charges on him Has not seen his son in 4 years In two supervised visits he has showed no concern for the childs safty. So we should turn the child over to him
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March 25 9:19 AM (6 minutes and 48 seconds later)
         
REPLIEDCheck Mark

This info was not in your original posting. You have provided more info for me to better answer you with. Give me a few mins to review.

I am not quite clear on who has custody. If the dad has legal court custody and you have filed to amend then you are not allowed to go out of the realms of the initial court order regardless. If and when the amended filing you have done comes through then and only then can you go with the decision.

If the child is in danger and abuse and a doctor has verified the need for you to take custody then I would immediatly contact Children and Family to investigate him while you wait out the amended claim with the Judge. Bear in mind that the last thing that you want to do is indicate to the judge that you are just as unable to maintain care as the father is. So going against the original order would indicate this.

If the father has abuse charges against him that are proven then your case is much better. I am surprised that he still has custody if this is indeed the full scenario.

If this has answered your question please accept and leave feedback. If I can further assist on this please reply.

regards.



Edited by 4ren6 on March 25 2006 at 9:21 AM
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March 25 9:39 AM (19 minutes and 56 seconds later)
         
Reply to 4ren6's Post: Sorry for not explaineing my self The mother has full custody of the child. 4yrs ago he didnt want visitation of the child now he is remarried he wants to see the child. we were to have 4 supervised visits before he took the child unsupervised we missed one do to the child being sick they say that dont matter that we have to let him take him today from 9-5 what should a person do. I know i am asking a lot so is there away i can send more money for your time
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March 25 9:39 AM (37 seconds later)
         
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March 25 9:48 AM (8 minutes and 20 seconds later)
         
ACCEPTEDCheck Mark

No need to send more money ma'am. I will continue to help you. I understand your concerns. But if you have a ruling allowing the father to make contact with the child today that is either supervised or unsupervised there is nothing that can be done RIGHT NOW TODAY AT THIS TIME. You must release the child to him from 9-5. If the child is not back by 5:00 call the police and report the child as missing.

In regards to the amended papers. Stay with them and get the doctor and Family Services working on your side. I will say that a judge who has ruled that the father may have visitation rights has fully checked his background. That is not to say that he is able to care for the child an a manner that you aggree with.

But if the two of you currently have paperwork showing he is able to take the child today for visitation then you need to do so. The less stress shown during this transistion today the better it will reflect on you and the betterment of the child.

Continue with your amended claim and gather evidence to support it. It will help in the decision of the Judge in ruling in your favor.

If this has answered your question then please accept and if you would like to provide any bonus you may do so when checking out. Feedback is very much appreciated.

I wish you the best. Hang in there. Things will get better.

regard.

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