Mississippi - Child Scheduled For Summer Visitation After Father's Girlfriend Assaulted Me. Attorney Says I Could Be Held In Contempt If I Don't Send Her. Looking For Advice.
I'm looking for guidance because I feel completely stuck.
Location: Mississippi (Yalobusha county)
I am the custodial parent of my six-year-old daughter. Her father exercises visitation under our custody order and is scheduled to begin the second part of his summer visitation on Wednesday, in two days. He is currently behind on child support, and there have been numerous occasions over the years where he has voluntarily chosen not to exercise his visitation. (I mention this only to provide context that this is not a situation where I have a history of denying him access to our daughter.)
A few weeks ago, before our most recent custody exchange, I became concerned about my daughter's wellbeing because her father repeatedly refused to allow the phone contact required by our custody order, including while I was hospitalized. After being unable to speak with my daughter for an extended period, I requested a welfare check. in which the officer informed me the welfare check was uneventful and she was fine.
At the next court-ordered custody exchange, my ex's live-in girlfriend threatened me and then assaulted both me and my mother in front of my daughter. My daughter witnessed everything. She was crying, screaming for it to stop, and was visibly terrified.
Law enforcement responded. There is a police report, written statements, photographs, an audio recording of the incident, a transcript, and officer narratives. Since then, my mother filed an assault complaint, and I provided my own statement. I have now been informed that the judge reviewing the criminal case has issued an active arrest warrant for the girlfriend for assault arising from this incident.
Since the assault, my daughter has become much more clingy, quieter than usual, and completely shuts down if anyone mentions what happened.
I contacted my family law attorney immediately after the incident because I was concerned about my daughter's safety. I asked about seeking emergency relief and a protective order. I was initially told not to send my daughter for Father's Day weekend if I was genuinely concerned for her safety.
However, no emergency motion or protective order has been filed like i have asked my attorney to do. Today, my attorney advised me that because the current custody order is still in effect, I could be held in contempt if I refuse to send my daughter on Wednesday. When I asked again about a protective order, I was told they had been trying to reach my ex's attorney but had been unable to because of that attorney's health issues.
At this point, Wednesday is almost here, and I feel like I'm out of options.
I'm not looking for advice on how to ignore a court order. I genuinely want to protect my daughter while following the law.
My questions are:
- Given these facts, would you seek emergency relief before Wednesday? and how can i do that if the courthouse said i have to go through my lawyer with the custody case open?
- Does an active arrest warrant against the father's live-in girlfriend change the legal analysis?
- Would you be looking at a protective order, emergency custody motion, supervised visitation, supervised exchanges, or an order preventing the girlfriend from being around my daughter?
- Is it reasonable for me to seek a second opinion from another family law attorney at this point?
I just need advice on what is possible in the little time i have.. my lawyer has just not provided guidance or reassurance on this.
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