Reopening Child Custody Case

[candymartin99]

My husband filed for custody of his two children after his ex accused him of molesting his youngest daughter (3yrs). The accusations were proven false by the court and dismissed. After 18 months we agreed to settle the custody case by allowing the mother to retain full custody based on her statements that she would not move from the immediate area, she would not interfere with the relationship between my husband and the children and she would keep the children in psychological counseling (which was court ordered anyway). After 18 months she has done none of this. They moved within two months of the hearing 30 miles away and the children have yet to attend a counseling session. Anytine she is face to face with my husband she calls him a "child molester" and does this in front of the children. She continually denies his telephone privledges. The list goes on and on. My question is that since we signed the agreement made on these representations and she has not upheld them, can we seek to have the case reopened and the agreement thrown out? Anytime we ask out lawyer this he give us the run around.

 

[LegalBeagle]

Get a new attorney and file a petition for a change of physical custody. You seem to have enough to justify a modification and may have a good chance. Judges do not like to see one parent interfere with the relationship to the other and will sometimes punish them with changing physical custody.

Buy a take recorder and carry it every time you are near her.. Get the abuse on tape that she is calling him a child molester. A video camera is even better if you can get the kids in the picture. Needs to be hidden though or she will keep quiet..



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Psst.. I am not an attorney, and even if I was, I would not tell you. Which technically could mean I am an attorney, but I would not tell you either way. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.