How can I keep my daughter from going to her dad’s house where she is mistreated?

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How can I keep my daughter from going to her dad’s house where she is mistreated?

My ex has every other weekend visitation but is neglecting our daughter – not feeding her like he should, not bathing her, etc. I have domiciliary custody of her and I was wondering what can I do legally to keep her from him until I can take him back to court? My ex also has threatened my husband and I in front of my daughter. She is scared of him and doesn’t want to go back. I need advice ASAP.

Asked on March 3, 2012 under Family Law, Louisiana

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

Child Custody laws vary by state, however every state has a interest in protecting "the best interest of the child". This means that when a child is placed in a custodial situation, the state/court has an obligation to always protect and look after the mental and physical well being of the child. First, I would advise you to speak with a family law attorney in your area who has experience in child custodial issues. Second, if your daughter is being mistreated, contact Child Protective Services or a similar agency in your area and report this information. By doing so, CPS is obligated to go to your ex's home to evaluate your daughter's living situation while there and report on it. Third, because you already have a custodial agreement with the court, you can motion to bring these issues back before the judge/court and they can modify the custody agreement to prevent your daughter from enduring this type of treatment.


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