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WHAT TO DO IF YOUR EX PUTS YOUR CHILD AT RISK

Roth Davies, LLC Feb. 15, 2022

According to Statista, in 2020, there were over 18 million children under the age of 18 living with a single parent in the United States. When couples divorce or separate, child custody arrangements are often established to determine the duties, rights, and responsibilities of each parent. While custody and visitation are often established in the child's best interests, things don't always work as planned. A change in circumstances or living conditions may put the child at risk when with either parent.

If you're worried that your ex-partner is putting your child at risk and you want to protect him or her, consulting with an experienced Kansas family law attorney is crucial for proper guidance. 

Roth Davies LLC is committed to offering knowledgeable legal guidance and advocacy to clients in family law and child custody-related matters. The legal team can review every aspect of your case, help seek a modification of the existing custody order, and file a restraining order against the abusive parent. Roth Davies LLC proudly serves clients in Overland Park and throughout Johnson County, Kansas.

CIRCUMSTANCES THAT MAY PUT YOUR CHILD AT RISK

Even after a divorce, both the custodial and non-custodial parents have the responsibility to ensure the safety of their child whenever he or she is in their custody. Here are some circumstances that may put the child at risk:

  • Physical abuse 

  • Negligence

  • Exposing the child to unsafe circumstances or people

  • Substance abuse

  • Indecent acts in the presence of the child

  • Family or domestic violence

  • Drug and alcohol use by the parent

  • Parental mental illness and intellectual disability

A skilled child custody attorney can evaluate and investigate every detail of your case and determine the possibility of seeking a child custody modification.

MODIFYING A CHILD CUSTODY AGREEMENT

Child custody arrangements are not unchangeable. To modify an existing child custody decree, the parent requesting the modification must show that:

  • There has been a "material change of circumstances" since the existing custody order, which makes the order inappropriate.

  • A new custody order will be in the best interests of the child.

Some major life events that allow you to seek adjustments to your child custody order include:

  • The custodial parent is acting negligent or abusive

  • Loss of job by the custodial parent

  • A change in the work schedule of either parent

  • A change in the mental or physical health of either parent

  • Possible harm to the child due to domestic abuse, violence, or neglect in the custodial parent's house

  • The other parent continuously ignores scheduled parent visitations

  • The custodial parent is non-compliant with the custody agreement

  • One parent has continually and unreasonably denied parenting time to the other parent

  • The death of the custodial parent

A knowledgeable family law attorney can explore your available legal options to modify the existing custody agreement and help seek a protective order if domestic violence is involved.

FILING FOR A RESTRAINING ORDER

If domestic abuse or violence is involved, taking proactive measures is important to prevent harm to your child. Hence, if your ex-partner abuses or threatens to harm your child, you can seek protection through the Kansas courts. An experienced restraining orders attorney can help file a protective order at the family court and make sure the abusive parent obeys the order.

LET ROTH DAVIES LLC HELP

Child custody orders are not set in stone. Even after finalizing your divorce, changes in circumstances may prompt the need to seek a child custody modification to protect your child's best interests. Therefore, if you're trying to modify an existing child custody order, consulting with an experienced family law attorney is crucial for proper guidance and to navigate key decisions.

The attorneys at Roth Davies LLC have devoted their careers to handling complex family law matters, including child custody modifications and protective orders. As your legal counsel, they will assess your personal situation, determine whether you have a case, and explore your available legal options.

Contact Roth Davies LLC today to schedule a simple consultation with a knowledgeable child custody attorney. The team can offer you the detailed legal counsel, support, and reliable advocacy you need in your child custody modification case. Roth Davies LLC proudly serves clients in Overland Park and throughout Johnson County, Kansas.