I am divorced with joint custody of my child. The police find her in a "crack house" awake at 1 am with the mother and new boyfriend. When ...

Question

I am divorced with joint custody of my child. The police find her in a "crack house" awake at 1 am with the mother and new boyfriend. When just weeks before this "new boyfriend" was stalking the girl that I started dating because she was his ex. DFACS even said he couldnt be around her son because of his drug use. She told me i didnt want him around my daughter because she knew what kind of person he was and the fact that he got with my ex because i got with the girl who broke up with him because he was crazy. I was getting my daughter every weekend so they could party, but my daughter was coming over with bruises several different times on her face and tellin me that the "new bf" hit her. ive got police repots and pics because i call cops but they cant do anything because they cant take the word of a three year old even with bruise as evidence. Then around 4 people she says her "thing" hurts and said mamas bf hurt her with thumb. I take her to hospital and DFACS gives me temp custody of her while they investigate. We let the mother visit child she never would ask if the guy did anything she would just scold her and say he didnt do nothing and she was wrong and being bad. That totally shocked me because she barely new the guy. When i know a 3 yr old would not make that up and tell me in front of others. DFACS interviews the two, and somehow after 3 weeks they say its ok to return child. When the mother come to get the child it was at 10 o clock at her bedtime. My daughter screamed and cried for me not to let her mom take her. That is the last time ive seen her.They lie about where they are at. Its the boy shes with who doesnt like me because of his ex is my girlfriend so he keeps her from allowing me to see her. When they fight she will call me to let me see her then he steps in and puts a stop to it. I fear because he knows she will tell on him. Whether thats the case or not I dont know but I just want to see her. I miss her and I want to make sure shes ok and get my visitation already ordered by a judge. Im worried about my daughter. She loves me too, and is kept away from me when she wants to see me ive heard out of her own mouth over the phone. She was so excited to come see me. How can I get the visitation thats in my divorce papers without going to court? Because it could be another year before im able to hire a lawyer and I want to see my child now

Already Tried:

DFACS they said that i needed to get a lawyer. The police even though of the countless police reports with her saying it, along with witneses they are still saying its a civil matter

Answer

The police and DFACS are right, you do need an attorney to assist you in navigating the child custody laws. I would be glad to assist you on a sliding scale basis if you contact my office. Additionally, you can make seek criminal prosecution in the matter, once you have probable cause. An attorney can assist you in preparing the warrant application, and in seeking criminal charges where appropriate. You need to be proactive in protecting your child, you cannot afford to wait another year.

Answer

The police and DFACS, and another attorney here, are all correct. You need a lawyer now to assist you in pursuing custody and/or visitation. I am not sure why you'd post all that detail, know how important it is, and then say that you plan to wait a year to hire a lawyer. This is a legal emergency and you need your lawyer ASAP.