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

UPDATED: Mar 3, 2012

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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


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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