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Help with seperation

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jwallace75

Junior Member
What is the name of your state? Florida

I have a friend that is trying to leave her "boyfriend" of ten years, all ten of which they have lived together. They have 2 children together, one 8 and the other 2.5 years old. She left because for about the last year he was using drugs and being abusive, physically and mentally. She moved out with the children about 35 miles away from him. As soon as this happened, he began to call and harass and somehow found out where she lived and began to "stalk" her. She wanted to be fair to the children, so she let him take the kids every other weekend. However, he shows up with the kids and then won't leave. Or he just shows up under the prentense of seeing the kids, but neother time will he leave when asked or even begged. He continues to harass and verbally abuse her in front of the children. And even tell the children that their mother doesn't want/care about them.
She has filed a restraining order but was dropped due to DCF involvement and the possiblilty of the children being taken away from her. So now she feels trapped.
The question is, how can she set it up to let him see the kids without him interfering , harassing or abuse her and her children? He should come at his designated time and day get the kids and leave and return them on time and then leave. She was told that if the DCF beomes involved again. the children will be taken from both of them.
 


fire1ss

Member
Why?

If this man has been abusive to the children to the point that athorities were called and she eventualy left, then WHY is she letting him take the kids ever? She should have the restraining order reinforced unless there is something I am missing. The children should never be left alone with an abusive person.
 

VeronicaGia

Senior Member
We need to know more about why DFS is involved. Our poster doesn't mention who he was being abusive to, so my guess is he was being abusive to her, not the kids. My guess is our posters friend did something to get DFS involved also.

Keep in mind, the father in this situation could easily file for custody of the kids. Our posters friend needs to file for custody and ask that the exchange for supervision be either in a public place or under supervision of a trusted family member or friend.
 

1mrtym

Member
I am not an attorney, however, in Nebraska, it does not carry ANY weight if spouse is only verbally abusive. They need to have physical signs of abuse here. Isn't that crazy!
 

jwallace75

Junior Member
help with seperation

well, he was physically abusive to her only as far as I know. The abuse to the children is mental. He has told the oldest daughter, in front of the mother, that she is sleeping with my wife and that is why she does not want to be with him. Things along those lines are what the kids tell her when they come back from visits with him and even when she is present.
She had a restraining order on him because when she first moved out, he would not stop harassing her. Constant phone calls and uninvited visits to her house. So DCF was notified by the courts of the children involved in the situation. She was trying to be the nice person, and he began to be semi-normal, and she dropped the restraining order. In doing that, it seems she put herself at odds with DCF.
Today she found out that he has not filed the paternity papers she signed and gave to him to file about 3 months ago. I gues that means that he has no legal right to see the children since he has not filed those papers. As far as I know, she has filed for custody but he has flip flopped on whether he is going to agree to that or fight her for custody.
The child exchange in public or with others present is a great idea and I will give her that advice.
Thank you for your responses, all of them.
 

1mrtym

Member
Once again, I am not an attorney. Do you have any proof that he was physically abusive? Mental abuse goes no where in court (at least not where I'm from) Good luck
 

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