we took all the proper steps by telling the authorities. Mom set up polygraphs for the eldest daughter and her husband. She cancelled her husbands. The daughter PASSED hers. Mom still thinks the kids are lying. Step dad was arrested and released. My hubby(dad) has a court order stating that the step dad is NOT to be present during moms visitation. Well mom decided this weekend that she wasn't going to follow it. Step daughter said step dad slept in garage, came in the house to use bathroom, get food. Step son went in jacuzzi with him. They also sat together in church. My husband and I are at our wits end with this woman. Any suggestions?
2007-11-05 03:28:39 · 18 answers · asked by getagrip 4 in Politics & Government ➔ Law & Ethics
FYI...for some reason people are assuming that the girls are not in counseling. Let's clear that up. They ARE in counselling!
2007-11-05 05:13:25 · update #1
have hubby file an immediate motion to show cause for contempt of a court order and an attendent Motion to modify custody.
and have him do so through a local family law attorney. I would also suggest an immediate no-contact order listing the step-father and brother.
AND JUST SO YOU KNOW: The police can't do anything without actually seeing for themselves the violation. All they can do is take a report and witness statements in support of the above motions.
I SHOULD ADD:
IF you wishhold visitation you MUST have reasonable ground to believe that you would be placing the children in danger. If the stepfather is there when you drop off the children, then call the police. Or, better still, call the station a few hours before visitation is to take place and ask for a civil standby officer to accompany you.
Have a copy of the court order with you so that if the officer finds the stepfather in residence, he can be escorted off the property. Inform your children that if the stepfather returns while they are there, they are to call you (cell phone for each) and you , in turn, call the police.
Also, petition the court in the above motion to modify, for the appointment of a Guardian Ad Litem for the children.
2007-11-05 03:33:28 · answer #1 · answered by hexeliebe 6 · 5⤊ 0⤋
The only legal thing you can do right now is go through the courts. If it was ordered that when the mom has visitation rights that the stepfather not be present, and he has been, that is a violation of what the court ordered. Contact social services and let them know the situation and that the mother has gone against court orders. DO NOT let your children go to that house since the mother has not followed the father's orders. Otherwise, if something were to happen again, you would be filled with guilt and it could have been prevented. Look out for the best interest of your children!
2007-11-05 03:34:38 · answer #2 · answered by Bobby D 1 · 0⤊ 0⤋
Have you been journaling what the kids are saying about the visits?
Get the police involved. Show them the order. have them talk to the pastor at the church where the kids were taken because he may be a witness to the seating arrangement.
The mom defied a court order. She broke the law. Act now so she gets a clear message that she is not getting away with it.
Plus, get your kids into counseling. If the kids say anything new to a therapist or counselor, that will carry more legal weight than if they say it to you. I know, it shouldn't be that way, but it is.
2007-11-05 03:41:38 · answer #3 · answered by thezaylady 7 · 0⤊ 0⤋
Your husband needs to report that the mother acted in violation of the court order. Try to get custody of these kids because this can cause alot of damage in the long run. Your step daughters need to get counseling for what has already happened to them. This mom needs to get her head straight and realize what her number one priorities are and it isn't this man she is with.
2007-11-05 03:34:20 · answer #4 · answered by Happy2bAlive 4 · 1⤊ 0⤋
I think you can file for emergency custody. Report everything that happened to the police & cps. Get a notebook & write down every time she violates court orders so you remember everything you want to bring up in court.
2007-11-05 03:34:53 · answer #5 · answered by Dawna 3 · 0⤊ 0⤋
check statutes/laws on your state website. in my state, visitation can be withheld by one parent if the other parent is not following the court's order. mom is a fruitcake for not believing her own children! if mom cannot provide a safe environment, then petition the court for supervised visitation. the judge will definitely want to hear that step dad is around during visitation. they don't like their orders being ignored...
2007-11-05 03:33:24 · answer #6 · answered by Heather Honey 4 · 1⤊ 1⤋
First, document this - i.e., write it all down. Dates, where etc.
Then check with your lawyer, but I think that if the mom doesn't comply with the court order to keep her daughter safe, then the daughter should not go to the mom's house.
2007-11-05 03:34:02 · answer #7 · answered by stenobrachius 6 · 2⤊ 0⤋
Call Child Protective Services on the mother for not following the order.By LAW they have to report it. If not call the police itself.
2007-11-05 04:11:48 · answer #8 · answered by heART happY 2 · 0⤊ 0⤋
Tell the court that she's violated their orders and report her to Child protective services that she's an unfit mother. File for full custody and supervised visits only for the mother on the grounds that she's unfit mother.
2007-11-05 03:32:43 · answer #9 · answered by ♪♫Tweedle Dee♪♫ 5 · 2⤊ 1⤋
Oh Gosh. Definately contact the authorities and tell them they are not following court-ordered guidelines...they can definately get in some serious trouble.
The childrens' safety is most important.
2007-11-05 03:31:50 · answer #10 · answered by Anonymous · 3⤊ 1⤋