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Chances of winning custody

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hjs78

Junior Member
What is the name of your state? MO

I have a relative who is going through and divorce and wants custody of his kids, however, he's not sure what his chances are for getting them. He has been documenting incidences over the past year of some of the antics his wife uses for holding the kids hostage. He had possession of the oldest boy for 3 years during their separation and she kept the toddler with her. One day she showed up at school to pick the oldest up and never brought him back. He missed a total of about 30 days of Kindergarten. His teacher would´ve held him back but she felt he was too old. He now has to have special classes to learn to read and recognize words and he has to go to speech classes. This year, he has already missed 11 days. Right after she took the oldest one away, she refused to answer her phone or let the boys call their dad. And, she would not let them visit, always stating that they were too ill or scared because they didn't want to see their father. At one point the oldest said that he didn't want to come home because his mother said that his father would kill them and her if he found out where they lived. He filed for divorce over that Summer and is now currently getting visitation rights. Sometimes she keeps them from coming and she almost never answers the phone. She keeps claiming that the boys are getting scabies every time they visit and that he is filthy. She even went to DFS and filed a report that stated they were emotionally abused and that they were being subjected to filth and getting infected with scabies and flea bites. All false allegations. HIs house could not be cleanner and he doesn't even have pets. This was all out of maliciousness because she could no longer keep the boys away. She, herself, has many issues.....eating disorder, PAS, habitual lying, lapse in reality, not taking the child to school, no job. He felt as though he might have a good case for getting custody, but is afraid to take a chance of losing more time because of her lies. And he's concerned about the bias already placed on him because of his gender. He is an exceptional, loving and involved parent and would represent a better influece for the boys.....he never keeps them from their mom and will not speak badly about her. Any advice on what he should do? She put an agreement on the table and he's thinking about taking it, but, if he does, will that make it almost impossible to custody later if more issues arrise? Does it seem as though he has a good chance at gainning custody? Any thoughts would be appreciated.
 


casa

Senior Member
hjs78 said:
What is the name of your state? MO

I have a relative who is going through and divorce and wants custody of his kids, however, he's not sure what his chances are for getting them. He has been documenting incidences over the past year of some of the antics his wife uses for holding the kids hostage. He had possession of the oldest boy for 3 years during their separation and she kept the toddler with her. One day she showed up at school to pick the oldest up and never brought him back. He missed a total of about 30 days of Kindergarten. His teacher would´ve held him back but she felt he was too old. He now has to have special classes to learn to read and recognize words and he has to go to speech classes. This year, he has already missed 11 days. Right after she took the oldest one away, she refused to answer her phone or let the boys call their dad. And, she would not let them visit, always stating that they were too ill or scared because they didn't want to see their father. At one point the oldest said that he didn't want to come home because his mother said that his father would kill them and her if he found out where they lived. He filed for divorce over that Summer and is now currently getting visitation rights. Sometimes she keeps them from coming and she almost never answers the phone. She keeps claiming that the boys are getting scabies every time they visit and that he is filthy. She even went to DFS and filed a report that stated they were emotionally abused and that they were being subjected to filth and getting infected with scabies and flea bites. All false allegations. HIs house could not be cleanner and he doesn't even have pets. This was all out of maliciousness because she could no longer keep the boys away. She, herself, has many issues.....eating disorder, PAS, habitual lying, lapse in reality, not taking the child to school, no job. He felt as though he might have a good case for getting custody, but is afraid to take a chance of losing more time because of her lies. And he's concerned about the bias already placed on him because of his gender. He is an exceptional, loving and involved parent and would represent a better influece for the boys.....he never keeps them from their mom and will not speak badly about her. Any advice on what he should do? She put an agreement on the table and he's thinking about taking it, but, if he does, will that make it almost impossible to custody later if more issues arrise? Does it seem as though he has a good chance at gainning custody? Any thoughts would be appreciated.
If the mother has physical custody and he has visitation rights from the divorce/custody order, then he needs to file police reports when the mother does not allow him to exercise his visitation rights. EVERY single time. Then he can go to court and file for contempt. Denying visitation is a good reason for a judge to award the other parent more custodial time- but it doesn't happen right away, so it's imperative he files a report every time she denies visitation.

You mention PAS- but has a professional diagnosed that in this situation? If its been proven there are generally therapies and additional visitations involved. Otherwise, it's just an allegation and the courts see a lot of those on both sides in custody cases.

He can file for modification of visitation based on her denying visits (with the documentation of police reports) and if he believes she is inducing PAS or has dangerous mental health issues, he can request the court appoint a GAL or CASA or Minor's attorney to represent the children. An evaluation can then be done to determine what custody arrangement would be in the best interest of the children.

He needs to hire an attorney if he can afford one. If not, he can seek Legal Aid or pro bono attorney. Either way he needs to start documenting and filing the visitation denials.
 

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