My ex put a order of protection on me in may and it was dropped and also called children services on me 3 times since then. they were all dropped! Now he is trying to get full custody of my son saying im a bad mom. Is there a way for him to get custody of my son when no one can prove me as a bad mom? They have been doing this for 7 yrs. He dont pay childsupport and tryn to get disability. Right now he is contempt of court if he dont pay $2000 before the 11th of this month. What kind of judge would give him custody if he hasnt provided him anything in 3.5yrs. And what judge would believe a 7yr saying that he "seen marijuanna" "it was a green leafy substance in a plastic see through baggy" How would a 7yr old put all that together with out being coached? Please help have a court date on the 18th and need some advise I do have a lawyer. but I need another openion
2006-09-07 09:51:53 · 10 answers · asked by h0w U liK3 m3 n0w 2 in Politics & Government ➔ Law & Ethics
everything has been dropped and child services said they will go to court with me on my side
2006-09-07 10:00:23 · update #1
You two will probably have to have court-ordered drug tests because of the allegations. Its very difficult for a court to take custody away from the primary parent unless there are serious reasons i.e. confirmed drug use, putting the kids in danger. Plus his track record, if correct, will hinder his credibility. Just make sure all the skeletons have been cleaned out of your closet and make sure you are nothing but a lady in court. Judges hate loud and obnoxious arguments in their courts.
2006-09-07 09:58:02 · answer #1 · answered by knufflebunny 2 · 1⤊ 0⤋
If all you say is true, the Judge will probably not grant custody to the father. Be sure to have copies of all documents from family services and the comtempt of court order and provide these to the Judge. Do you have an attorney, you should! The father's employment record should also be made a matter of record to the Court. As for the leafy substance, children are very observant and usually honest but can be coached. The best bet is to make SURE that there isn't a leafy green substance in any plastic bags on your property. Drug use could result in having family services take you children and place them in foster care.
2006-09-07 10:05:19 · answer #2 · answered by jack w 6 · 0⤊ 0⤋
If I were you, I would have a drug test done and have the results with me on the day of court to prove that I haven't used drugs. Also make sure you have those papers that they send when children services finds a case unfounded.
Your attorney will bring up the fact that he pays no support and that he is trying to get disability. Before any action is taken I am sure that the judge will order your child to see a court psychologist and possibly even order you and your ex to see him/her too.
In my opinion, you will be fine. I can't see any judge giving custody to a dead beat dad that is trying to claim disability.
The court date is probably a good thing because the judge could order only supervised visits if he/she believes that your ex is being coached to lie about what goes on in your home.
Good luck and God bless :)
2006-09-07 10:06:19 · answer #3 · answered by onlineeeyore 3 · 0⤊ 0⤋
Be forthright and get a drug test for the hearing. If you are clean, it just goes to show that your are willing to fight the charges and he is wrong. Ask that he pays for the testing in court and suggest to get continual testing until the custody case has been completed. Provide statements from witnesses that would be neutral to your non-use of drugs and your good parenting. Unfortunately, custody and child support are 2 seperate issues and should not be combined when looking at visitation. If he continues to bring motions in the court that are frivolous in nature, I am sure the Judge would not want to continue to hear this without warrant. Guardian Ad Lidem's are good for home studies (if they are done properly). Good luck to you and don't let the anger of the process show. Remember you do not have to resort to his actions to win. This is about your son and his well being.
2006-09-07 10:02:41 · answer #4 · answered by Celeste B 3 · 0⤊ 0⤋
first and foremost they are looking out for the welfare of the 7 yr old. as for the marijuana, you have to give that child a little more credit than he's obviously been given. kids these days are very intelligent and learn just about everything quickly, sounds to me like he's been around it before. i know in the state of kansas after no contact of 2 years, the fathers rights are automatically taken away. my daughter's father owes me $10,000, and she's only 3 yrs old....i know here, also its a class a felony to not pay child support, but yet, somehow, the loser walks free to this very day.
2006-09-07 10:13:52 · answer #5 · answered by diannas_love 2 · 0⤊ 0⤋
It sounds like your ex has some issues. With him being as irresponsible as he has been, it is likely the judge won't think twice about denying him custody. The judge will see straight through him. Good Luck.
2006-09-07 09:59:02 · answer #6 · answered by teeniey37 4 · 0⤊ 0⤋
judges do sometimes give custody to fathers and
especially boys. he doesn't sound to me like a good
choice, but it is always surprising what a good liar
can get by with. document as much as you can and
be open and truthful with the judge. if your lawyer is
good you should be ok. best wishes to you and your
son.
2006-09-07 10:02:46 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You do have a reason to be concerned, only because each parent has a right to their child, and there are total lunatic judges out there. You have everything on your side, and he has absolutly nothing but hearsay. Relax.
2006-09-07 10:32:57 · answer #8 · answered by working mom of 3 4 · 0⤊ 0⤋
Chances are that he will not get custody, especially if he hasn't been paying his child support. As far as the herb goes, they still would need physical evidence, not what a 7 year old SAYS. As long as you can piss clean, don't sweat it love!
2006-09-07 10:00:56 · answer #9 · answered by HappyApple 2 · 1⤊ 0⤋
sounds to me like you really dont have a problem , he has to prove you unfit in order to take the child and with cps on your side i just dont think he can
2006-09-07 18:59:47 · answer #10 · answered by sindi 5 · 0⤊ 0⤋