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Crying Child

What to Do If Your Ex Is Putting Your Child at Risk

E.N. Banks-Ware Law Firm LLC May 30, 2022

Divorce is a painful experience for children. Even when divorce is the best solution for family problems, children are still left with feelings of instability that may negatively impact their physical, mental, and emotional health, their relationships, and even their academic performance. 

Child custody arrangements also take their toll on parents, especially in situations where the other parent’s behavior is putting your child at risk.  

Attorney Noreen Banks-Ware is aware of the struggle her clients face when they believe their child is at risk. That is why her firm, E.N. Banks-Ware Law Firm LLC dedicates resources and legal experience to helping clients in Lithonia, Georgia, and the surrounding areas, including Decatur, Conyers, Covington, McDonough, and Lawrenceville.

Circumstances that May Put Your Child at Risk

When parents separate, it is inevitable there will be occasions where parents will disagree about parenting styles and the way that either of them cares for the children. Some people can feel that there are safety issues from the hands or home of their ex. Disorder, dangerous activities, neglect, and other issues all create an unsafe environment. Some things to keep an eye out for with your child’s safety include:

  • Physical abuse

  • Neglect

  • Food or medical care

  • Firearm reachability

  • Drugs

  • Domestic violence

  • Sexual contact/abuse

Child Custody Agreement Modifications

Child custody orders are legal orders that can only be changed with court approval. If something changes and you feel that a modification is needed, it can happen. Essentially, it is a two-step process in court:

  • Prove there was a circumstantial change

  • Prove that the modification is in the best interest of your child.

Most modifications are up to the court and the judge’s discretion. Since child custody is such a sensitive subject and one person’s circumstance is so different from the next, judges will take each case individually. There is no predetermined set of circumstances that decide what a judge will do. It’s mostly important that you can prove that significant change will be in the best interest of the child. 

Filing for a Protective Order

Protective orders are set in place to, as you can guess, protect the child. It’s a serious order that affects the accused parent’s visitation rights and schedules. Drop-offs and pickups will likely be supervised by another individual, such as a police officer. And one important thing to note is that when the protective place is in order, the child is placed with a trusted individual (whether it’s the custodial parent or another, safe relative) until they’re able to go back to court for a hearing. 

A protective order can be granted when a parent or guardian has a reasonable belief that another adult is putting their child in danger. Visitation from the other adult becomes strict. What was a custody order becomes a protective order until the hearing is held, and then things move forward from there. 

Lithonia Legal Advocacy You Can Trust

If you’re facing a difficult situation with your co-parent, you’ll need to speak with a qualified attorney to protect your children’s rights. Attorney Noreen Banks-Ware has the knowledge and experience to make sure your child is provided with a safe home. Her firm proudly serves clients in Lithonia, Decatur, Conyers, Covington, McDonough, and Lawrenceville, Georgia, as well as the surrounding areas. If you would like to learn more about your legal options, call her office today for a simple case consultation.