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I'm in Colorado and would like any input on the best way to approach a child custody evaluation. I am a Dad whom loves his son and has had false allegations take him away from me.

2007-05-11 06:46:33 · 7 answers · asked by Rich A 1 in Family & Relationships Marriage & Divorce

7 answers

If they were false allegations then the court wouldn't have taken custody from you, they don't go by one's words alone they have to have some sort of proof.
you're not fooling those of us who have been through custody battles.

2007-05-11 06:56:26 · answer #1 · answered by swtlilblonde31 5 · 0 0

I would call the pediatrition and ask if there have ever been signs to indicate that there has been abuse. Ask the doctor if he/she has personally interviewed the child, if she/he would be willing to do so, or recommend you to someone who would. Ask also, if the mother has brought the son in for an examination by the doctor. That would be a huge red flag, if she hasn't.

Unfortunately, it is more common than not for exwives to make false allegations. Remember that this isn't your sons fault, even if he has gone along with it. If they are false (and I only have your word) he might've been coached by her, her parents, or some other party that he feels is an authoritative figure.

Make sure you follow the law TO THE LETTER. Do not try to contact, see or approach your son without the courts approval. I wouldn't try to see him without a neutral third party, and in a public place. Never in a car alone, or in your own home.

Also, I wouldn't take any calls from her, and I would print and save every email, letter, etc. Get one of those old fashioned answering machines (found on ebay) that has the tape so that you can record all her phone messages (to use it against her). You need to do EVERYTHING with the idea that you're fighting for your life....because if these are false allegations, and she pushes it, you might find yourself in jail....

Also, you might want to "google" attorneys that specialize in false allegations in custody disputes. You might find a real pitbull (which you need) to battle this out for you.....

Unfortunately, this is the reality of your life at the moment, until you get through the nightmare.

Good luck to you.

2007-05-11 07:09:08 · answer #2 · answered by salemgirl1972 4 · 1 0

If your speaking to the judge be polite. Don't critisize the mother of your child infront of the judge. Just answer to the allegations and questions. Remain respectful at all times. I'm sorry I can't be of much help. I'd like to say though that it is truly nice to hear a father say he wants a relationship with his child. I'm a single mom of two and I wish their father would step up and be here for them. Thank you for caring about your kid. Oh and maybe if he is old enough the judge can ask him how he feels.

I have a restraining order against my ex because he abused me threatened to kill me all types of stuff he still got every weekend visitation. Now, right after that my friend saw how easy it was for me to get divorced filed for a restraining order saying he did all types of stuff. All false allegations and he can't see his kid except once a month under supervision all because he got caught cheating. It does happen more than you think to men and women. CPS is quick to take children away when there is no reason and slow when they need to do something. That's why I'm studying child psychology hoping to help change some of the BULL.

2007-05-11 07:00:39 · answer #3 · answered by ClassyKat 1 · 0 0

Child custody evaluations can be scary, but they are nothing to be nervous about. If there are no "skeletons in your closet", a trained custody evaluator can read right through any false allegations. For more detailed information on how to prepare for a custody evaluation, visit my blogspot and see my April 19, 2007 entry. (http://bauerfamilylaw.blogspot.com/)

Good Luck!!

2007-05-11 08:20:34 · answer #4 · answered by Christine G. Bauer, P.A. 2 · 0 0

Through the courts. With a lawyer. With lots of money.

Be careful tho - judges don't like to admit they made a mistake. It'll be an uphill battle.

IF however, you can prove neglect and/or abuse (and this means real abuse - not because Jr. is angry because Mom wouldn't buy him a Nintendo) you may be able to gain custody. But you will have to have serious concrete evidence.

PAY YOUR CHILD SUPPORT ON TIME - I can't emphasize this enough. NO. You don't have a right to tell her how to spend the money - but you MUST prove that you pay on time without grumbling.

When child is old enough (and this varies from state to state) he may be able to petition the court to grant you custody. At least the Judge will take Child's wants/desires/needs into consideration during a hearing.

This will cost money, time, and pain. No one will win. Everyone will lose. Be careful.

2007-05-11 06:55:43 · answer #5 · answered by Barbara B 7 · 0 0

If those allegations are false the person that has made those allegations are idots. I am a mother of two children and my ex made several false allegations against me and my partner and only made himself look like an *** in court...you got to fight for your rights and do what's best for the interest in the children.

2007-05-11 06:54:55 · answer #6 · answered by troublegirl 1 · 0 0

There always false to the one its against what did the court say ect? Did the court say they were false

2007-05-11 06:51:19 · answer #7 · answered by keithleyjustin 3 · 0 0

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