Dear Attorneys,
I just got divorced earlier this year. When we were married, and even through the divorce process, my husband was mentally stable. I have never even known him to have an addictive personality. However, since the divorce, he has started abusing alcohol and using drugs. My children are 7 and 9 years old and have seen this behavior and started asking questions. We currently have a shared parenting plan, but I no longer feel that it is safe. What can I do?
Sincerely,
Safety Concerns Sally
Dear Sally,
If you feel as though your children are in danger, (or unsafe), when they are with your husband, you should consider filing an ex parte motion to modify. This would be a post-judgment motion to modify the underlying divorce decree. An “ex parte” motion alerts the court that it is an emergency-like situation and that it must be addressed right away. This will get you into court more quickly. Furthermore, while no one is going to specifically advise you to violate a court order, most attorneys would tell you that you should not knowingly put your children in a dangerous situation. You should trust your instincts and make smart decisions while you are awaiting a court decision. This situation would likely qualify for both threshold grounds to file a post-judgment motion to modify as it sounds as though there has been a substantial change in circumstances and also, this would likely be in the best interest of your children. You should consider consulting with an attorney as soon as possible to further discuss a game plan.
Wolf & Shore Law Group is here to help you make your family law matters easier, not harder. We are realistic and direct with our clients. We encourage potential clients to seek out a firm where they will feel comfortable and confident. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at info@wolfandshorelaw.com.
Very Truly Yours,
Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.
