Legal Question in Family Law in Florida

Please contact me at [email protected] , [email protected] , or [email protected] for any advice anyone can offer us!!! PLEASE!!!

My name is Danielle Evans and I am pretty desperate for answers. My significant other (Chris Lister) has a very frustrating situation and we do not know what to do. Other than get a lawyer that we can not afford. He has three kids with his ex-wife (Rachel Mcfall), Julie Lister is his middle and only little girl that was recently hit and killed on the way to her bus stop with her older brother (Michael Mcfall) three weeks ago (10/28/09). I am not sure what all anyone knows, but the "accident" was a result of the selfish and careless "Mother's" neglectful behavior. She has sole parental responsibility that Chris regretfully signed over to avoid further conflict with Rachel. She is pretty much the one that calls the shots and seems to be the way it always has been. I am sure that has much to do with her abusive and manipulating personality.

John (Johnny) Lister, the youngest of the three, has not wanted to go back to her since the passing of Julie and until last night this was not a problem with Rachel. Last night (11/17/09) Rachel wanted to let Michael and Johnny hang out for a little while, or so was her excuse. I guarantee there was really an underhanded reason. We met her on Tyndall Parkway at GameStop and Star Bucks; she wasted no time trying to manipulate Johnny into staying the night with her and after several failed attempts she finally succeeded. Again Chris did not want any conflict so did not object but reminded her that Johnny wanted to come back home the very next day and her response was, �we�ll see� in a very hateful tone. I sat waiting in the truck after I said my not so �good� byes to the kids, because I am very worried for their safety I do not like even the idea of them being with her. Rachel began talking down to Chris, but I am not clear on everything she was saying. Chris decided he had enough of her and wanted to kiss the kids goodbye, Rachel kept saying that he already said good bye and that was harassment so he should leave or she would call the cops, he said, �Go ahead, I�m saying goodbye to my kids.� Ridiculous I know, but this is how she is. As he was walking away he said, �Keep them safe,� she took high offence to this, came running after him and got her arm around his neck and started punching him in the face.

(Rachel�s brother Nathan got her off of Chris; Chris did nothing to Rachel, just to make that clear)

I got out of the truck and walked over to them because I wasn�t about to just sit there while she did that. Rachel had her brother Nathan Mcfall and sister-in-law Nikki Mcfall with her (for �muscle� I�m sure, to make sure Chris gave Johnny to her willingly) so when I walked up ready to call the cops with my phone in my hand, Nathan started making comments at me and Nikki took my phone out of my hand and tried to come at me, she did nothing more than pull my hair, I swung a fist at her but I do not know if I made any contact. Nathan separated us and made some comment about how Nikki would kill me, as if I was worried. Realizing the kids were in the car probably watching everything, I decided to go finish making my call to the cops. A few sheriffs came to the scene, after Rachel and the rest of her trash left, with the kids, and we explained everything to them. A witness that was sitting right outside Star Bucks corroborated what had just happened with what we told the sheriff. The sheriff we spoke to said that they were pressing charges for domestic violence and that they would go pick her up, but this morning (11/18/09) they said they were just going to summons her to court. I did not press charges on Nikki for her assault because I am more concerned with what is going on with the kids and I didn�t get hurt, just extremely angry.

This does not happen to be the first �flip out� of Rachel�s and it is also not the only time she has been negligent. I was not apart of Chris� life when he was married to Rachel and I do not follow her around so I don�t know everything that she has ever done to put the kids in harms way, but I know that she started allowing Michael and Julie to go home from school and stay by their selves last year at ages 8 and 5. I voiced my opinion about the matter but that�s really all that I could do. Chris has been so worried about her taking the kids away completely just for the simple fact that Rachel is their mother; even though the law isn�t suppose to play sides just because of sex they still often play in favor of the mother on most occasions. I know that when we have the kids we will not even so much as let them play in the back yard by themselves, and it is fenced in, much less let them walk to their bus stop by their selves and definitely not let them come home and stay by their selves.

So how is it that this woman was so negligent that a child died and another one got seriously injured, is able to continue to have control over them, supervise them, or even be able to see them? How is it she is able to get away with the things that she does? How is she still walking around freely when she is clearly a danger to herself and others?

If people would look beneath the surface of Rachel�s superficiality they could see who she really is, I figured her out at a snap, she is no good for anyone especially children!

So what are we suppose to do, just sit by and wait on something else to happen?

Sincerely,

Danielle Evans

Please contact me at [email protected] , [email protected] , or [email protected] for any advice anyone can offer!!! PLEASE!!!


Asked on 11/19/09, 12:35 pm

2 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

I suggest you find a way to hire an attorney. This situation is only going to get worse. You need to file a modification of visitation, child support and custody. Set a hearing. These docs are online and easy to complete however, you must have them served with a hearing date. Good luck

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Answered on 11/24/09, 12:49 pm
Eric Halsey Halsey Law Firm, P.A.

You should also consider having Julie's parents hire an attorney to pursue a potential wrongful death action for the hit and run. 786-423-9902

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Answered on 1/05/10, 2:39 pm


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