How to Gain Physical Custody of a Child
My question involves a child custody case from the State of: NE. What steps need to be taken to gain physical custody? Mother has the 9 year old child. Mother has recently been reported to CPS by several medical providers with the possibility that she is emotionally abusing the child and over medicating him. Father pays child support, is in constant contact with his child and has regular visitation. They have joint custody for everything except the mother has physical custody. One year ago, the father took her to court to try to gain physical custody as the child was seriously underweight, took drugs for ADHD, although the mother never provided the father with these medications during visitation times, and the child had expressed his desire to live with his father. The mother was held in contempt of court and was warned not to appear for this in court again and the father was given more visitation time. The father has tried to "keep the peace" for the last 7 years with his ex-wife, but it has gotten him nowhere. The child is now acting out at school with violent behavior to the point of being charged as an uncontrollable juvenile. The mother's answer to this is to ask doctors for more drugs and then she does not follow directions on dosing and just gives the child what she wants to, then doesn't send those medications to visitations. The police have been contacted by CPS and have stated they know the child needs to be taken from the mother and given to the father, but legally everyone's hands are tied. The child has now missed two weeks of school because of being suspended for these violent outbursts. A court date for the uncontrollable behavior is 2 weeks away, and the father feels the child is in serious jeopardy. What can be done?
Re: How to Gain Physical Custody of a Child
Who are you in this ? What proof does the father have, besides what he has been told the childen are not being properly medicated ?
Re: How to Gain Physical Custody of a Child
Dad should retain a custody lawyer to review the facts that have developed over the past year, since the last order, and to advise him as to whether a court is likely to modify custody under those facts.
Re: How to Gain Physical Custody of a Child
If CPS haven't seen fit to remove the children, Dad's option is to file for custody again.
Dad should be prepared to answer some VERY hard questions about his part in this whole mess.
Re: How to Gain Physical Custody of a Child
Dad should likely speak with a lawyer.