Saturday, July 27, 2013

My ex has custody of our child and she is currently pregnant and has been physically abused by her boyfriend.

Q:  She went back to her boyfriend, after he kicked her and our baby out in the middle of a heat wave, and physically abused her. Prior to going back to him, she said she was going to move to the Dominican Republic and give the baby to me. I feel my son is in imminent danger now that she is back with her boyfriend. Her boyfriend also called to threaten harm to me and my son before she went back to him. I went to court to get an OOP against this man on behalf of my child and was told that because she has custody and I only have visitation, I couldn't file an OOP. I called Child Services who is currently investigating, but I want my son out of a dangerous situation immediately. What can I do?

A:  David's Answer:  This is correct - you cannot file for an order of protection against the boyfriend because you lack a famlial connection. That said, you can & should file a petition for modification of custody. For a full assessment, schedule a consultation with a Bronx Child Custody attorney.    -- David Bliven, Bronx Child Custody attorney (

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