What should we do to insure the safety of my husband’s child?

My husband has shared custody of his 15 month old daughter with the mother. It has been brought to our attention that she no longer has a stable home and has filed 2 charges against the guy she was living with for CDV. We are scared for his daughter’s safety and need to know what we should do. She has already violated the court order by not obtaining medical insurance for the child. We don’t have the money for a lawyer. What should we do?

Asked on September 24, 2012 under Family Law, South Carolina


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The first step is to see if you can get copies of the offense reports.  Send an open records request to the agency that his handling the complaint.  You can also get a copy of the court records regarding the charges.  This will cost you a little bit, but not nearly as much as hiring an attorney just to walk over and get copies for you.  Second step is to report the charges, to your area children's protective agency.  Safety is your first concern.  If they are concerned about the safety of the child, then they can remove and place the child with ya'll.  These two steps should help set up a decent safety net for your child.  However, you still need to think about filing for a modificaiton of the custody orders based on the future safety needs of the child.  If you are struggling financially, look up family lawyers that accept payment plans or find a legal aid organization in your area.  You may qualify for free legal assistance.

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