If Anyone can help......:)

What is the name of your state? Nebraska

I am a single father of four children, ages 9, 11, 14 & 16. Custody during and after my divorce, was awarded to myself, that was almost 7 years ago.

After refusing to let my (then) 13 year old boy go on a trip as a disciplinary action (he was failing horribly in school), he became furious and fabricated a story to my ex alledging my involvement with child porn to exact his revenge. She then got the police involved, there was a no-knock warrant (obtained by his sworn affadavit) served and my computer was confiscated, not to mention the trauma it caused to my children, as the police saw fit to serve the warrant when they were all present. I was not arrested nor charged, this was in Nov. of 2001. Immediately after the warrant was served she filed and was granted and ex-parte order of temporary custody. Not having the money to hire my own counsel (I resigned from my job so as not to have my employer even remotely associated with such a fiasco), I have been left no choice but to go pro se (as pro bono atty 's in the Omaha area seem to be almost non-existant). My question is at what point do my ex and her attorney have to substantiate the charges necessary to prove a substantial change in circumstances? Do I file for a summary judgement? Move to dismiss? I am dumbfounded that after almost 1 year there has been no evidenciary hearing. The boy subsequently failed 7th grade and the 16 year old failed most of her classes, and the situation continues to deteriorate.

I post this as a last resort of desperation and frustration in the hope that this message will find its way to someone that may be able to help. I am in Omaha Nebraska. Thanks in advance for any help.

Regards,

Roger

to my understanding (i am not a lawyer) but i have gone through a situation where the mother of my step children signed temp custody to her mother. there was nothing stating she could not get the kids back when she wanted them. you need to see if your custody overrides her little temp custody, being there is no evidence against you.

I am also not a lawyer, but I have filed many many motions on my own and have dealt with a very similar stiuation. If her custody is still in the form of a temporary order, you should file a motion to dismiss that order and return the kids to your custody. Make sure you bring with you as much supporting documentation as you can. Bring their school records, affidavits from teachers, any info showing that no charges have been filed as a result of the false allegations.

You are in for a battle if you have to do this in pro per (I hope that is the correct legal ease), but it will be worth the battle for you and your kids.

Good Luck!