Do a stand a huge chance of losing custody of my kids?

Question

ex has filed for modification of custody. I have a beautiful home and a stable lifestyle. Ex has continously tried and succeeded in alienating my childrens affections. He has turned me into dhs more than 10 times in the past 2 years claiming child abuse. I have been investigated several times and the claims were always determined to be unfounded. He has convinced my kids that they are abused. And when asked if they are abused they say yes because mom spanks me. When visiting their dad they become upset when I come to get them. Now, I had an incident happen in home that is NOT good. My husband had been drinking which he does on occasion. On this day he was very intoxicated and threatened that he was going to shoot my dog. When he went to the closet for his gun, I held him down. I had the kids call the police. When they arrived they arrested us both for domestic violence. Now ex is filing for custody on those grounds. Do I stand a chance in court, or am I going to lose

Ok, I think I've confused my questions. The ones that were arrested was myself and my CURRENT husband. Not my ex. But, from the answers of some, I'm assuming that I'm pretty much going to lose and probably only have supervised visitations with them.

Answer 1

Ask your attorney.

Answer 2

All those prior claims are going to help you here. From what I read hes got no substantial documented proof to hold against you in court, so you have nothing to worry about. You can sue him for harassment on the grounds that the police have found nothing wrong. This last episode, just explain to the judge what youve said above. Not knowing your kids ages, they could be asked to testify in court and usually kids have a habit of telling the entire truth in fear of getting into trouble with the courts. Any proof you have will be extremely helpful here but not necessary. The police reports should show he was under the influence and this will all hurt him. Hes going to be lucky the judge doesnt order supervised visits for him and no overnights. Dont worry, all this is in your favor. Good luck

Answer 3

The court must consider 12 factors while determing a change of custody. One incident where you were both arrested is not going to move the court to change custody. He has the burden of proof to prove that it is in the childrens best interest for a change of custody.

Are you and the children in counseling? If not, GO! It sounds like dear ole dad is mentally abusing the children and the children need some professional help. This is not something that you can fix on your own. The children need a non-biased person to help them sort out what is going on.

You also need counseling. After a divorce, women often lack self-confidence and continue to let the abuse that was going on in the marriage continue. You have to take action to stop the cycle. Call your physician for a referral to a reputable therapist. You have to fix this for your children's sake.

My heart goes out to you. I am divorced and I work for the court system-family division. You will get through this.

Answer 4

from past experience it is almost impossible to remove children from there mother.A judge will only remove children if the real father can prove you abuse the children or if it can be proved that you have sex in front of your children and on rare occasions if the real father can prove he can provide a better home and living conditions for the children ....else wise I don`t think you have much to worry about.I do know this to be a true fact .If you have them into a good church on Sunday and no problems with school.He hasn`t got much of a leg to stand on.When its all said and done ask to have him pay child support and try to get it raised.If he is paying and trys to convince the Judge he can do better tell the Judge if he was paying more child support then you could do better.My case was opposite of yours .My ex had me in court every time the wind blew.I had a good attorney and my boss knew the judge .I eventually got my children but I had to prove he unfit .It took the law and about 1 1/2 years to achieve this

Answer 5

You need to get a good attorney and prepare for a war. Sounds like your ex is trying to ruin your life and relationship with your kids.

Answer 6

You better get a good lawyer. It doesnt look good for you. Also, get your kids into couseling. Fast... I think you will have a chance to keep them if you get a lawyer and couseling for the kids.