Can I require child custody exchanges to happen inside a sheriff’s station due to safety concerns?

Family Law

Liz

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I'm sorry to hear about the difficult situation you're facing. Let's go through some steps that might help you navigate this:

Document Everything. Continue to keep detailed records of every incident, including dates, times, and descriptions of what happened. Your video evidence is crucial, so make sure it's safely stored. (Fed. R. Evid. 901)
Communicate with Authorities. Since CPS has already suggested a safety plan, it might be beneficial to inform them of the recent incident. They may offer additional support or recommendations. (42 U.S.C. § 5106a)
Legal Advice. Although you haven't yet communicated these issues to your attorney, it's important to do so as soon as possible. They can provide specific advice tailored to your case and help you present this information in court.
Court Considerations. Presenting evidence of aggressive behavior and non-compliance with safety plans can be significant in custody cases. It shows your commitment to ensuring a safe environment for your child.
Requesting Safe Exchanges. You can request that exchanges occur inside the sheriff's station for safety reasons. Your attorney can help you file a motion to modify the exchange location if necessary.

Please let me know if you have further questions.

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I am going to court for custody in January. Currently, my daughter’s father no longer agrees to the parenting plan, so we will be going to trial. We do exchanges at the sheriff's station. An altercation occurred where I filed a police report to have a record of what was happening during exchanges.

Child Protective Services (CPS) got involved and suggested a safety plan where we meet inside the station and receiving parent leaves the parking lot before the other parent exits the building. He would not agree, so I had to compromise with the safe exchange parking spaces.

Today leaving exchange, he got very close to my car, yelling at me, and then pulled in front of my car recklessly almost causing an accident. Do I have grounds to not exchange unless inside the sheriff's station? Will this affect me in court? I was the passenger in the vehicle today so I have video of him pulling in front of my car.

Lexi, Chatbot

I understand how stressful and concerning this situation must be for you. Have you documented all incidents of aggressive behavior during the exchanges, including the recent altercation?

I have written notes in my phone and filed police reports. Today, I couldn’t but did get an incident report number, as well as have the video of what he did.

Lexi, Chatbot

Have you communicated these concerns and incidents to your attorney or the court prior to your upcoming custody hearing?

No, I have not.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your custody case.

Yes.

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, has there been any abuse before?

Liz

I'm sorry to hear about the difficult situation you're facing. Let's go through some steps that might help you navigate this:

Document Everything. Continue to keep detailed records of every incident, including dates, times, and descriptions of what happened. Your video evidence is crucial, so make sure it's safely stored. (Fed. R. Evid. 901)
Communicate with Authorities. Since CPS has already suggested a safety plan, it might be beneficial to inform them of the recent incident. They may offer additional support or recommendations. (42 U.S.C. § 5106a)
Legal Advice. Although you haven't yet communicated these issues to your attorney, it's important to do so as soon as possible. They can provide specific advice tailored to your case and help you present this information in court.
Court Considerations. Presenting evidence of aggressive behavior and non-compliance with safety plans can be significant in custody cases. It shows your commitment to ensuring a safe environment for your child.
Requesting Safe Exchanges. You can request that exchanges occur inside the sheriff's station for safety reasons. Your attorney can help you file a motion to modify the exchange location if necessary.

Please let me know if you have further questions.

Liz

43,836 satisfied customers

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