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enough to reverse custody?

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johnsons

Junior Member
What is the name of your state (only U.S. law)? Iowa

I have joint legal custody with my ex-wife. She filed a false DHS report on July 17th stating that I emotionally abuse our son. DHS spoke with my son's pediatrician, the therapist he's seen for a year and our families. It was unfounded and the therapist actually told DHS that the only reason our son has not wanted to see me was because I "make him go outside and be active" and he's being "raised by a mother and grandmother who are polar opposites. He much prefers to sit and play his video games". This is a DIRECT QUOTE from the report. Even after getting the notice that it was unfounded, my ex has still withheld my son from me. NO visits since July 5th!

During a recent deposition, she stated she wasn't sending him because of the emotional abuse. Attorney asked what made her a more qualified judge. She had no answer.

QUESTION: What are my chances of reversing custody because of the refusal of visits for almost 6 months? I am worried she'll do this again since she had no problem ignoring the current court order, which is less than 2 years old! She lives with her parents and 2 children in a 3 bedroom house after getting evicted. I am married, own a home, good job, other children, current on support.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Iowa

I have joint legal custody with my ex-wife. She filed a false DHS report on July 17th stating that I emotionally abuse our son. DHS spoke with my son's pediatrician, the therapist he's seen for a year and our families. It was unfounded and the therapist actually told DHS that the only reason our son has not wanted to see me was because I "make him go outside and be active" and he's being "raised by a mother and grandmother who are polar opposites. He much prefers to sit and play his video games". This is a DIRECT QUOTE from the report. Even after getting the notice that it was unfounded, my ex has still withheld my son from me. NO visits since July 5th!

During a recent deposition, she stated she wasn't sending him because of the emotional abuse. Attorney asked what made her a more qualified judge. She had no answer.

QUESTION: What are my chances of reversing custody because of the refusal of visits for almost 6 months? I am worried she'll do this again since she had no problem ignoring the current court order, which is less than 2 years old! She lives with her parents and 2 children in a 3 bedroom house after getting evicted. I am married, own a home, good job, other children, current on support.
Have you been filing contempt each time?
 

johnsons

Junior Member
Hired attorney right away

We hired an attorney the day after getting notice of the DHS allegations, as we knew they were bogus, and this was the final straw for us. He has been going back and forth with the other attorney, trying to learn what my ex thinks she has. Now that we realize she is holding him only on her own opinion, attorney has filed contempt paperwork. Several papers have been filed in the last few months, such as her motion to get sole custody. That won't happen!!

But this is the first we've filed the contempt paperwork in court. Have 6 months of police notices where we've called because she isn't at the designated pick up/drop off location.
 

Ohiogal

Queen Bee
We hired an attorney the day after getting notice of the DHS allegations, as we knew they were bogus, and this was the final straw for us. He has been going back and forth with the other attorney, trying to learn what my ex thinks she has. Now that we realize she is holding him only on her own opinion, attorney has filed contempt paperwork. Several papers have been filed in the last few months, such as her motion to get sole custody. That won't happen!!

But this is the first we've filed the contempt paperwork in court. Have 6 months of police notices where we've called because she isn't at the designated pick up/drop off location.
Who is WE?
 

johnsons

Junior Member
not going to help

I posted on here wanting some answers, but all I get is a discussion about cheesecake and wine. Thank you. I pray that when you find yourself needing some help, someone takes the time to mock you. Lord knows you all are perfect.
 

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