I need help! My daughter is 3 years old her mom and I were never married, lived together for the past 3 years. We separated shortly after Christmas of last year, I feel ever since the mom has made a turn for the worse as far as new relationship and a party hard type of life style. I filed court papers at downtown court office requesting to establish paternity with sole custody along with lots of proof , the judge would not even hear me out, I stated I fear my daughter's life was in danger when she was with her mom; instead he gave both of us split days during the week and set both of us for a mediation meeting next week. My ex is dating a thug with a long criminal background along with both of them doing drugs, I have her family willing to testify on behalf that this is true. My daughter has been living with me, I get calls in the middle of the night from ex family saying to come pick out my daughter because her mom passed out drunk on the floor, I do this and the next day I have the cops on my door along with ex stating I need to return our daughter because is her day with her. I have s stable job I do not do drugs I live with my parents and they are helping me raise my daughter. My ex has been bouncing from place to place getting fired from jobs and has no stability at all. Please advise what can I do.
1 Answer from Attorneys
It sounds as if a Motion to Reconsider or to set aside the current order may be appropriate, or in the alternative an emergency motion alleging new details you have learned. I would file a motion for her to randomly drug/alcohol test and that the court appoint a family court advisor to investigate. We offer free 30 minute consultations at 623-748-8973, if you have additional questions.