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Angry, Abusive Mother with Sole Custody, Father resides out of State

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b_rocks

Junior Member
What is the name of your state? CA

I've been let down by the state of California Family Courts.

I've raised/ raising 5 of my children solely and jointly with the 6th child. Whom this is regarding. She’s 5yrs old.

To make a painful story short. She was physically abusive, I had to file and retraining order after another one of her out breaks. I was issued a move out order for the mother and phisical custody of our daughter with her having visitation for 4hrs a week.

Mediation was scheduled about 2 months later in which I missed, I know what you’re thinking, and why in the Hell would I do that. Well the mother being a cunning person she, scheduled the mediation date and very important doctor’s appointment in which I had waited a month for my son on the same day and time. When I realized the conflict about a week prior, tried to reschedule but it was denied.

That’s ok, with the court records on my side and proof of abuse, who would hold weight with her statements or character? Well they did. She was issued full custody with I have visitation on the weekends. Fri 7pm to Sun 7pm.

During this new order we tried to reconcile the lasted about 7 months. She back to her abusive self.
After another assault, she took my daughter while I was at work and moved into a homeless shelter claming to be a victim of DV.

With the current order in place at that time I couldn’t do anything except see her at the specified weekend visits. I always made sure I played by the rules to make sure I didn’t hurt any future child custody decisions.

I was offered to relocate in nine months to Dallas, TX with my employer. It was a Great opportunity for my other children, me and most of all, my youngest daughter.

During this nine month period, I filed an order to show cause regarding the custody order that was in violation due to the assaults and a modification of the current order to joint custody of my daughter for half the year.

Before the judge heard the case, we had to attend mediation.
Well you know I didn’t miss this one. We had separate hearings. Mine lasted about twenty minutes. Questions about what time of the year would I want to have custody? What bothers me the most about my daughter current living situation? And that’s it! Other then getting a lot a praise regarding my daughter whom I had learned she the mediator, had met with for five minutes before the mother had her mediation.
When the judge read her recommendation in court, I’ve never felt such hurt, misbelieve and confusion.

I was given supervised 4 hour visits and told to attend anger management. This ruling was given one week before my relocation. I did file an objection to the ruling. But one I arrive in Dallas I found out that there was no record my filing, with the 15 day filing option expired.

I’ve been I TX for a year now, I’ve always made sure I’ve sent packages of clothes and gifts for all holidays and season changes. She will not let me talk to my daughter, didn’t get a fathers day call. I’m pay child support through CA state welfare on which she is on. I’ve been swamped by Blood thirsty lawyers trying to get partial custody, I don’t know who to trust specially in the CA system.

I need help! It’s even twice as difficult living out of the state.

Truly hurting

B_rocks.
 


ceara19

Senior Member
Is the mother of child #6 also the mother of any of children 1-5?

What was the reason for the judge to change the order from you having regular weekend visitation to supervised visitation only?

You can't file for a modification based on past issues. Your basis for modifying has to be a significant change of circumstance that has occurred SINCE the last order was issued. I imagine that it would be difficult for you to prove that considering the distance.

If you believe that mom is somehow neglecting or harming the child, you may want to consider hiring a private detective to get PROOF of it before you consider filing for a modification.
 

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