Legal Question in Family Law in Minnesota
Trying to protect daughter BEFORE drama ensues
My daughter's father has a felony history of abuse against his current wife and former wives. However, He does not have court documented abuse against me or our daughter. He threatens that he will ''disappear'' with our daughter whenever he doesn't like what I do or say along with re-occuring degrading verbal abuse. He was just arrested last week for threatening to kill his wife and is currently on probation for felony abuse against her. The charges were dropped due to lack of evidence, and there have also been allegations of sexual misconduct between him and his step daughter. As of now, I have sole custody of our child. What can I do to keep him away from my daughter and put an end to having to deal with him and his manipulation and threats?
2 Answers from Attorneys
Re: Trying to protect daughter BEFORE drama ensues
If you or your daughter are in immediate danger, you need to call the police. You should also consider whether an Order For Protection would help.
Though you do not need an attorney to file for an OFP, I strongly recommend consulting an attorney. You can also speak to a nearby domestic violence shelter to discuss whether they can provide services.
Re: Trying to protect daughter BEFORE drama ensues
Criminal charges that were dismissed and unsubstantiated allegatoins of sexual abuse would not carry much weight in an unrelated case involving your daughter.
If custody and parenting schedules have been determined by a court order, there ,must be some relevant change of circumstane since the last order that supports a parenting time modification. Threats made to you and your daughter have the highest probative value in such a proceeding. His past history of proven violence (dismissed charges mean nothing) may also be used to support the motion.
Chances of precluding him from seeing his child where no incidents hacve occurred with you or your daughter is unlikely. tyhe most you could realistically hope for is supervised visits and an order to require the father to attend and complete anger management classes before unsupervised visits occur.
There are many factors that must be reviewed for such a motion. For a consultation call 612.240.8005 or visit divorceprofessionals.com
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