Can I get custody of my kids if my ex girlfriend’s boyfriend hits her and has a past record of domestic violence?

Question:

Can I get custody of my kids if my ex girlfriend’s boyfriend hits her and has a past record of domestic violence?

My kids (age 9 and 3) live with their mother. We were never married, so she has legal custody. I get my kids on the weekend. My kids mother recently got a boyfriend and she sent us pictures of her bruises and busted lip and called us to come get the kids, because he was hitting her. For about a month the kids have been staying with me or with my ex’s mother while she still stays with him. The kids start school in a few days and we don’t want them to be in that violent environment but my ex thinks it is ok, because her boyfriend is trying to change. What can we do I need help?

Answer:

You should file for Modification of Legal Decision Making and Parenting Time as the other attorney’s suggest. However I would also file for Temporary Orders on an expedited hearing basis. Unfortunately it appears that too much time has gone by to call this an emergency. However if you give the Judge a good reason, he may expedite the hearing on Temporary Orders which could result in an immediate change on a temporary basis until a more permanent solution is made.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

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