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A very injured child and a demonizing ex wife?

My daughter age 12 while in the care of my ex wife at her fiances home was injured severly and blinded by a horrific head injury and blinded for life in one eye. this occured last march 27. at which time i hired a law firm to protect my daughter and her future. now less than a week ago my ex who has married the man on whose property the accident happened has retained a attorney to try and take over the case.the law firm has said no to him citing among other things that she would have clouded judgement becaude she may be a defendant as well as her husband and not have our daughters best interest in mind but rather that of her husband. the accident was as follows, they (he) put her on a ATV with no helmet and no training and she crashed into a tree after panicking at a very high rate of speed. in plain english what are her chances of getting control of this. we have joint custody and share placement,although lately she has been keeping the kids from me.

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  • Blunt
    Lv 7
    1 decade ago
    Favorite Answer

    You have several issues here and I'm not sure what is that you want:

    -Do you want physical custody of your child?

    -Do you want to file criminal charges for child endangerment?

    -Do you want to collect insurance money from his home insurance company?

    -Want to file a complaint for contemp of a court order on the basis of parental alienation?

    If the issue is his home insurance, by being married to him the insurance will likely not cover liability for a step-child as they are considered part of the household and not a third party.

    I'm sorry about what happend to your child, but it seems to me that is a very tragic accident caused by lack of judgement of both your ex-wife and her husband.

    If I was you, I would consult a lawyer.

    Good luck

  • Due to conflict of interest I do not think a judge would let your ex take over the case. However, you have a very good reason to seek custody and see that your wife has visitation. Sounds like she is trying to freeze you out. Aren't you afraid that the new husband could further hurt your child out of stupidity? If their is now child, there is no case.

    Source(s): Law student.
  • 1 decade ago

    I would say that her chances probably wouldnt be all that great, im not a lawyer but just common sense, your daughter was on your ex wifes "watch" so to speak when she allowed your daughter to be put in a unsafe situation. His insurance should have to pay, it should be put in a "special needs trust" where no one can touch the money with out lawyer approval of it being a necessity for your child until she is of age. WHICH IF IT LOOKS LIKE SHE"S GOING TO WIN CONTROL I WOULD REQUEST FROM THE JUDGE THAT IT HAVE TO BE A SPECIAL NEEDS TRUST.. that way she cant get her hands on any of your daughters money with out legit reason of why its needed for your daughter. ANY smart judge would set this up as a trust fund that way neither parent can be involved with the money directly.

  • So what is your question? Whether or not you can get custody of the child? Or win the case?

    If it has to do with winning the case..than you are more likely to have favor with the judge due to the fact that your ex-wife and her new husband may very well be the cause of this incident. Their fault...not taking precautions before anything with your child.

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  • Anonymous
    1 decade ago

    If she's keeping the kids from you, she's violating a court order. That in itself often times ends up in the custodial parent losing custody. So tape all your conversations. Every time you see the kids, videotape you going, and if she's not there, or doesn't answer the door, be sure that's on video as well. If you get full custody, be sure and set up, through the courts, supervised visitation.

  • 1 decade ago

    I agree with Sean, she cannot take over your lawsuit, she can only countersuit if she chooses or defend against the suit you have made.

    I hope your attorney has a plan to get you custodial custody with only supervised visitation for the mother. That child should not live in that house ever.

    Good Luck

  • 1 decade ago

    Wow...So very sorry to hear of such a tragedy. I dont think she would get control of the case because you filed and not her. Even if she were I dont think you would have anything to be concerned of. The judge will rule in your favor regardless of who controls the case. Your ex wifes husband IS responsible and liable for negligence.

    Good luck to you

  • Anonymous
    1 decade ago

    You need to keep doing what is best for your daughter. Keep fighting for HER rights no matter what your X has to say. I think she really doesn't have a leg to stand on. Keep track of everything your X is doing that is against the divorce papers like keeping the kids away from you cause you will need it when you go back to court.....

  • Sean C
    Lv 5
    1 decade ago

    I'm no Lawyer, but it seem like a pretty valid case to me. As I understand thing, she can't control the law suit, but can counter it. Take it to the courst, gatehr more evidence of neglect if there is any. Seem like you do have the upper hand.

  • 1 decade ago

    get a better attorney and sue for full custody with grounds of neglect for the children

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