Ask a Lawyer on Single Dad: Emotional Abuse, Child Custody

Jeffrey Leving is the nation’s leading Fathers Rights Attorney and offers FREE Family Law advice for Men on SingleDad.com. This month, learn about a Father’s Rights to have primary custody of his child who is being emotionally abused by her mother. Read more…

Ask a Lawyer on
Single Dad: Emotional Abuse, Child Custody

Jeffrey Leving is the nation’s leading Fathers Rights
Attorney and offers FREE Family Law advice for Men on SingleDad.com. This
month, learn about a Father’s Rights to have primary custody of his child who
is being emotionally abused by her mother. Read more…

Question or
Comment: Emotional Abuse

I petitioned for custody of my daughter in February 13
because her mother was neglecting her medically and abusing her emotionally and
physically. I didn’t have enough proof for an emergency hearing so I waited for
our hearing date. Her mother, respondent, then filed an emergency hearing and
created an emergency by convincing the judge I had kidnapped my daughter. I was
unaware of this and my daughter was woken up at 7 am by armed guards who took
her from my home. I was able to prove the lies in court by playing a voicemail
in which respondent admits to knowing where my daughter was. I have since only
managed to gain visits every other weekend and resp. and her attorney continue
to attempt to fully hinder my visits by continually creating false accusations.
They violate custody orders by not allowing my to speak to my daughter on a
daily basis. There is an upcoming investigation and custody hearing but in the
meantime, my daughter continues to be abused and our rights not respected. I
have managed to get a TRO against her but don’t know how to proceed.

This is a very complex case and any help would be appreciated.

Answer from Jeffrey Leving:

I am truly sorry to hear about the problems that you are
having in attempting to maintain a relationship and seek custody to protect
your daughter. This could be a very dangerous time for your daughter and I always
treat allegations of abuse and neglect very seriously. You should consult an
experienced family law attorney that deals with child custody and abuse and
neglect matters right away.

Do not give up hope, consult with an attorney to explore your
options in seeking out justice for you and your daughter. Analyze petitioning
the court for a psychological evaluation of your daughter’s mother. The best
interests of your daughter should generally determine custody and your attorney
can help you formulate a legal strategy to petition the court for the custody
arrangement that is in your daughter’s best interests.

Violations of visitation, parenting time or custody time
provisions of a court order are crimes in Illinois. But even in a state where such
a criminal statute doesn’t exist, the court can use its civil contempt powers
to enforce a visitation order and incarcerate the violator of the court order.
I suggest you contact my colleague Andrey Filipowicz at 312-807-3990; he is a
veteran attorney who has achieved a lot of success in and out of court in
family law and abuse and neglect cases. For more information on child custody
and child abuse and neglect matters please visit me at dadsrights.com.

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