My question involves a child custody case from the State of: New York.
I have sole custody with all decision making. He has 1 day per week visits.
Long of it, 2 yrs back he shows up making threats, tried entering home, threatened to kick down door. Police showed up heard him and advised I get OP at family court.
He violated order, and local criminal court issues 2 year perm order restricting everything except visits per Supreme Court order. Less then a week later he sends threatening email and is arrested again. This is currently ongoing in court. Court advocate thinks I should file a visitation modification based on this and the many past emails where ex stated he didn't want child, admissions of diagnosis of bipolar and a few other manic personalities.
Christmas Eve he gives our 7 year old a tablet. When I go to hook it up to my wifi I notice he has it linked to iCloud and the find phone feature is turned on. I can't turn it off because it requires his Apple password. I call the police department for advice. They said keep it turned off or give it back.
I inform ex that we will be returning it so child can still use the gift during visits.
He flips out telling me I'm being spiteful towards child.
Tells me that this choice of wording is what his lawyer uses and (supposedly) the DA. (I assume if DA thought my fears were spite, the case against him would have been dropped months ago)
He's threatening to take me to court over this and that my fiancé stands at the door during curbside pick up/drop off.
I let him know I was following police advice and that sending it back makes sure child can still use device.
Also, I took him to court early this year about an issue he didn't address regarding child, judge was not happy with him and gave him 2 mos. to comply. That time ended months ago. Financially, I'm tapped out from all the back and forth and due to years of abuse, I have a difficult time being anywhere near him without experiencing anxiety.
(And technically I make a little too much for legal aid)
Child and I both receive therapy at a local shelter. An advocate there says she will come for support but can't do much else.
My question is, what's involved in a modification and what do I bring?
Do I file a separate issue for the other problem or can it be addressed at the same time.
During the last court appearance about the non compliance of divorce, the judge stated I do not need to file issues there, but can use the family court instead. Is that still true if he hasn't complied with the same issue?
I'm scared to death of him and could barely speak last time (judge had to ask me to speak up several times and I was shaking the entire time)
Advice?
I have sole custody with all decision making. He has 1 day per week visits.
Long of it, 2 yrs back he shows up making threats, tried entering home, threatened to kick down door. Police showed up heard him and advised I get OP at family court.
He violated order, and local criminal court issues 2 year perm order restricting everything except visits per Supreme Court order. Less then a week later he sends threatening email and is arrested again. This is currently ongoing in court. Court advocate thinks I should file a visitation modification based on this and the many past emails where ex stated he didn't want child, admissions of diagnosis of bipolar and a few other manic personalities.
Christmas Eve he gives our 7 year old a tablet. When I go to hook it up to my wifi I notice he has it linked to iCloud and the find phone feature is turned on. I can't turn it off because it requires his Apple password. I call the police department for advice. They said keep it turned off or give it back.
I inform ex that we will be returning it so child can still use the gift during visits.
He flips out telling me I'm being spiteful towards child.
Tells me that this choice of wording is what his lawyer uses and (supposedly) the DA. (I assume if DA thought my fears were spite, the case against him would have been dropped months ago)
He's threatening to take me to court over this and that my fiancé stands at the door during curbside pick up/drop off.
I let him know I was following police advice and that sending it back makes sure child can still use device.
Also, I took him to court early this year about an issue he didn't address regarding child, judge was not happy with him and gave him 2 mos. to comply. That time ended months ago. Financially, I'm tapped out from all the back and forth and due to years of abuse, I have a difficult time being anywhere near him without experiencing anxiety.
(And technically I make a little too much for legal aid)
Child and I both receive therapy at a local shelter. An advocate there says she will come for support but can't do much else.
My question is, what's involved in a modification and what do I bring?
Do I file a separate issue for the other problem or can it be addressed at the same time.
During the last court appearance about the non compliance of divorce, the judge stated I do not need to file issues there, but can use the family court instead. Is that still true if he hasn't complied with the same issue?
I'm scared to death of him and could barely speak last time (judge had to ask me to speak up several times and I was shaking the entire time)
Advice?
Custody and Visitation Issues: Modifying/Restraining Order and Other Issues
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