Joint Custody to Full Custody

[mikey]

If I suspect a child is neglected, physical, or mental abuse. What can be done with a joint custody agreement thats already in motion?

[ParisDakarBmw]

I would first contact your local DFACS (Department of Family and Children Services) and address the issue. They will make a report, and be involved as a third party for the courts.

My main concern is the level of immediate jepardy the children may be in. If it is simply being in the home with moms new boyfriend who smokes, and uses curse words...go through DFACS.

If you think the children are in immediate jepardy such as (No parent for long periods of time, no food in the house, physical abuse, sexual abuse, extremely unsanitary conditions, or an intoxicated person) call the police for a welfare check. When you meet with the officers, request an information report to document the event. You may request a follow up from DFACS, and introduce the incident to the court via police report.

You may need an attorney to sort a few things out.

One major issue would be the circumstances regarding the other half, and yourself. Some may question your motive. If it is a divorce dispute, this may end up worse to report it unless you know it for fact. If the children are with the suspected abuser, and you feel the conditions warrant a police, or DFACS visit...Call

[mikey]

Thanks for the info. I will pass this info along to the father, so he can call the lawyer to apply for full custody. And talk to the mediator cuz they have joint custody but she has more time I guess cuz she is the mother and the law favors the mother, I guess.

[lavaman]

if all it is is that someone doesnt like the new boyfriend, keep the state OUT of it, in my opinion. (1) they can only investigate and do nothing or (2) take kids into foster care. these are both equally crummy options, and they both take about a year to finalize. also, if your "friend" is the parent, let his LAWYER make the call on this. stay off internet for advise, and stay away from "friends" who either think they are lawyers or want to tell you what happened in their case. that's nice, but it's not relevant.

the reason i say that is b/c if there is a "tip" about something as minor as this, all that will happen is that the State will get involved and it will be a royal pain in the a** to get rid of them, one way or another, and you run risk that the Judge will think of your "friend" as just another vindictive parent.

if it's more serious, then let the state get involved, by all means. but in most states, merely being a jerk or a crummy example is not a reason to amend custody, per se. if it is a genuine safety issue, then yes, let state get involved. in fact, your "friend" has a duty to act to protect their kids.

but if it's merely "i dont like your new (boyfriend/girlfriend), so what.

your "friend" is FAR BETTER OFF spending their $$ in legal fees to play up their strengths than trashing their opponent.

(my two cents, fam law attorney)