Ask a Divorce Lawyer: I am concerned for my child’s safety while with my ex. What should I do?

Question: I have been divorced almost four years. My ex and I do not often see eye-to-eye on affairs relating to raising our children. Most recently my 6-year-old son was physically assaulted by our 8-year-old niece. I am concerned for his safety. 

I have discussed this with my ex and though she is not happy that this incident occurred she plans on doing nothing to prevent this from happening in the future. I know I cannot dictate what she can do with her time with the children, however

I am concerned for my child’s safety. What steps should I take next?


First, I must state that I am not licensed in New York and have no specific knowledge of New York law.  As such you should contact a domestic litigation attorney in your jurisdiction who could assist you with the specifics of your case.

Often times parents will find themselves in situations where they disagree on how to raise their children. The problem is when one parent believes that because of one parent’s decisions, the child may be in danger of physical or emotional harm. Depending upon the facts of the case and the threat of harm to the child, you may need to ask the court to modify custody and/or the parenting schedule.  Most courts will look at a variety of factors and decide the case based upon the best interest of the child. 

Be advised, some states have laws that require an adult to report cases of abuse to the proper authorities and failure to report could be a crime. An attorney in your jurisdiction, will be able to provide you with more specific advise.


Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

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