Can I Modify My Child Custody Order?

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I wanted to ask what my options are or what I can do regarding my children’s current situation. I pay child support and owe arrears (paying consistently for over two years).

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Divorced with their mother in 2008, she has since remarried and the children have told me on more than one occasion that they are frightened of her new husband. I have documented (when told) numerous occasions where this individual has either intimidated, harassed or frightened my children. Just recently the children advised me that this individual, in anger, put his face very near my youngest daughters (10 years old) and yelled at her to shut up. On another occasion the two girls advised they were sitting in the living room and this individual was in the kitchen leaning on the counter, sharpening knives and glaring at them. This frightened them to the point where the youngest ran outside. The children have also stated that they are scared he is going to murder them. I am EXTREMELY concerned for my children’s safety.

I have spoken with the mother and this individual on more than one occasion regarding how he speaks and treats my children. I also have asked the kids to speak with their mother alone about this. The kids let me know that when they try to talk to their mother about their concerns she usually takes her husbands side or gets upset and ignores their concerns. Any advice or information you can provide is appreciated.

If you legitimately feel that your children are in danger, you may want to request an emergency modification to your child custody order. The emergency order will give the court the opportunity to look into the matter regarding your children’s safety in determining if they should remain in the care of their mother. If the court does find cause to modify the order, they may order supervised visits for the mother, or set other boundaries to ensure your children are safe. The court will do what is in the best interest of your children.

Depending on the outcome of the emergency order hearing, you and your ex-wife may be able to work out a new permanent order that best suits your children, or attend a formal hearing to address the matter.

In the alternative, you may want to also consider getting a restraining order against the husband if he continues to harass your children.

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Author: House Attorney