child in danger

[michelle75]

my question is how would I go about going to court to prove that my child is in danger with her biological father who has every other weekend visitation. He's is repeatedly in trouble with the law from kidnapping(an adult) to dwi's he's never gotten anything but probation and my daughter is seven and she is not wanting to go there at all because of the surrondings she's in the friends that hang around, drinking, drugs, and who knows what else. I have tried to get a change of venue out the county he lives in we live in seperate counties but the judge won't grant one and the same judge has always tried our case each time. Is there any way my daughter can be heard and not made to go through this? We live in Missouri.
He pays child support through the state and I have sole custody and he has visitation with her. Thank you for any help in this matter.

 

[Brigit]

If the judge will not grant it, appeal it to a higher court if you can. Ask about an emergency hearing if you feel your daughter is in that much danger...change of venues shouldn't be a problem...how long have you lived in your county?

 

[LegalBeagle]

Do you have clear proof of anything you say ? ie, not based on feelings or personal observations etc..

 

[michelle75]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Brigit:
If the judge will not grant it, appeal it to a higher court if you can. Ask about an emergency hearing if you feel your daughter is in that much danger...change of venues shouldn't be a problem...how long have you lived in your county?<HR></BLOCKQUOTE>

We don't live in the same county we have lived in separate counties for about 7 years now. In appealing to a higher court that is something my lawyer must do right? Thanks for the advice.

 

[michelle75]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
Do you have clear proof of anything you say ? ie, not based on feelings or personal observations etc.. <HR></BLOCKQUOTE>


We don't have actual physical proof but it wouldn't not be hard to get it's just a matter of collecting it. He's been arrested so many times for assault, dwi's, drugs, kidnapping, criminal action, you name it and he's done it. Should I hire a private investagator or let my lawyer uncover the dirt?

 

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by michelle75:

We don't have actual physical proof but it wouldn't not be hard to get it's just a matter of collecting it. He's been arrested so many times for assault, dwi's, drugs, kidnapping, criminal action, you name it and he's done it. Should I hire a private investagator or let my lawyer uncover the dirt?
<HR></BLOCKQUOTE>

If you have the money, get a PI.

Yes, your attorney would be the one to appeal if you have that avenue open.

In the past, what has the judge decided when presented with your concerns ?

 

[michelle75]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
If you have the money, get a PI.

Yes, your attorney would be the one to appeal if you have that avenue open.

In the past, what has the judge decided when presented with your concerns ? <HR></BLOCKQUOTE>

The judge would not let us enter any records of his previous wrongdoings into court his words were it has nothing to do with this case. I am just unsure of how to get the ball rolling is it next to impossible to get his rights revoked after 7 years of her visiting? Thank you so much for you help.