Claiming Im on drugs-will family court judge view it as malicious?

[Reqless607]

What is the name of your state (only U.S. law)? Missouri
Im in the process of going to court against my ex wife and charging her with major contempts of our parenting order (blocking contact, interfering, taking our daughter out of school and some other severe things). I do have an attorney but cant consult with him right now and Im wondering;
My ex wife doesn't know the court action is coming yet and is pretending she is going to have our parenting plan modified so basically our kids never have to see me and claim that I'm on drugs (I know this as she is posting it publicly). She tries to keep the kids from me every time my visitation comes up (one of many reasons for the contempt) She is all talk and wont pay the money to modify...But, she is due to be served the contempt papers within a couple weeks and I assume she'll try saying this in court if she even responds.

I'm not on drugs and never have been
Drugs have never once been brought up as a concern, this is the only things she can think of to keep the kids from me.
I've had the same job for 13 years while she cant hold a job for 3 months
I've been in the same home for years while shes moved 6 times in 2 years (another reason Im bringing her to court)
My job gives random UA's and do so once a month, sometimes more
I have never been arrested or anything, never even a traffic ticket
We have joint custody and our kids always enjoy our visits and are well taken care of
My ex wife has false reported me to the police on my last visitation because our daughter wanted to go home to see her boyfriend-so its on record she will lie to law enforcement
I pay my child support and love seeing our kids

So will a judge also view this claim as malicious right away if she comes to court for contempt and says this?
Im only worried because there's a pressing issue involving our daughters education and Im afraid her untrue claim will hold up court proceeding.






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[Proserpina]

What is the name of your state (only U.S. law)? Missouri
Im in the process of going to court against my ex wife and charging her with major contempts of our parenting order (blocking contact, interfering, taking our daughter out of school and some other severe things). I do have an attorney but cant consult with him right now and Im wondering;
My ex wife doesn't know the court action is coming yet and is pretending she is going to have our parenting plan modified so basically our kids never have to see me and claim that I'm on drugs (I know this as she is posting it publicly). She tries to keep the kids from me every time my visitation comes up (one of many reasons for the contempt) She is all talk and wont pay the money to modify...But, she is due to be served the contempt papers within a couple weeks and I assume she'll try saying this in court if she even responds.

I'm not on drugs and never have been
Drugs have never once been brought up as a concern, this is the only things she can think of to keep the kids from me.
I've had the same job for 13 years while she cant hold a job for 3 months
I've been in the same home for years while shes moved 6 times in 2 years (another reason Im bringing her to court)
My job gives random UA's and do so once a month, sometimes more
I have never been arrested or anything, never even a traffic ticket
We have joint custody and our kids always enjoy our visits and are well taken care of
My ex wife has false reported me to the police on my last visitation because our daughter wanted to go home to see her boyfriend-so its on record she will lie to law enforcement
I pay my child support and love seeing our kids

So will a judge also view this claim as malicious right away if she comes to court for contempt and says this?
Im only worried because there's a pressing issue involving our daughters education and Im afraid her untrue claim will hold up court proceeding.






.

Whether or not the judge sees it as malicious isn't really the point. If Mom wants to allege A, B or C, it will be up to her to provide proof.

 

[CJane]

What is the major issue regarding the child's education?

 

[Silverplum]

Just for fun, why not pop into your HR Dept and get copies of those multiple clean drug tests to bring along to court?

 

[Reqless607]

The major issue regarding our child's education is---Her mother wants to be her friend so allowed her to miss 28 days last year, fail math and then let her not go to school this year claiming homeschooling....I was not included in the decision, school records are being withheld and when I seen our 15 year old daughter boasting online where she was taking classes I requested records to find out she was enrolled a month late and as of today has only logged 2 hours of school, has completed no assignments, and hasn't even logged into class in almost 2 months....essentially making our 15 year old daughter a high school drop out in the 9th grade and now is letting her live with her 19 year old boyfriend like shes an adult. Its almost guaranteed she will be put back in school but its a waiting game and I don't want my ex wife to further prolong our daughters education

I thought about getting a statement from my supervisor that has administered my drug test all these years plus whatever copies they still have on hand of all my drug tests, I just didn't know if that would be enough to make her stupid claims not hold things up.

 

[Silverplum]

The major issue regarding our child's education is---Her mother wants to be her friend so allowed her to miss 28 days last year, fail math and then let her not go to school this year claiming homeschooling....I was not included in the decision, school records are being withheld and when I seen our 15 year old daughter boasting online where she was taking classes I requested records to find out she was enrolled a month late and as of today has only logged 2 hours of school, has completed no assignments, and hasn't even logged into class in almost 2 months....essentially making our 15 year old daughter a high school drop out in the 9th grade and now is letting her live with her 19 year old boyfriend like shes an adult. Its almost guaranteed she will be put back in school but its a waiting game and I don't want my ex wife to further prolong our daughters education

I thought about getting a statement from my supervisor that has administered my drug test all these years plus whatever copies they still have on hand of all my drug tests, I just didn't know if that would be enough to make her stupid claims not hold things up.

How would a series of clean drug tests, properly presented to the Court, not disprove her claims?

 

[single317dad]

The major issue regarding our child's education is---Her mother wants to be her friend so allowed her to miss 28 days last year, fail math and then let her not go to school this year claiming homeschooling....I was not included in the decision, school records are being withheld and when I seen our 15 year old daughter boasting online where she was taking classes I requested records to find out she was enrolled a month late and as of today has only logged 2 hours of school, has completed no assignments, and hasn't even logged into class in almost 2 months....essentially making our 15 year old daughter a high school drop out in the 9th grade and now is letting her live with her 19 year old boyfriend like shes an adult. Its almost guaranteed she will be put back in school but its a waiting game and I don't want my ex wife to further prolong our daughters education

I thought about getting a statement from my supervisor that has administered my drug test all these years plus whatever copies they still have on hand of all my drug tests, I just didn't know if that would be enough to make her stupid claims not hold things up.

These are important issues, and definitely need to be addressed, but I think the bigger question is "What do you hope to accomplish?" Are you trying to change custody, or do you just want the court to punish Mom somehow? If Mom isn't doing her job as a parent, I would argue that it's time for you to give it a try.

Here are some basic requirements for homeschooling in MO:

http://www.dese.mo.gov/schoollaw/HomeSch/homeschool.htm

 

[CJane]

These are important issues, and definitely need to be addressed, but I think the bigger question is "What do you hope to accomplish?" Are you trying to change custody, or do you just want the court to punish Mom somehow? If Mom isn't doing her job as a parent, I would argue that it's time for you to give it a try.

Here are some basic requirements for homeschooling in MO:

http://www.dese.mo.gov/schoollaw/HomeSch/homeschool.htm

I can pretty much guarantee that Mom will be able to show that she's maintained the required records. AND that the court is unlikely to ask for them in this case.

Homeschooling also is not considered a change in circumstances, all on its own, in Missouri. So if Dad IS hoping to change custody, he's going to need more than that.

This story sounds sooooo familiar, though. I think the states were different, but there was a pretty recent thread with almost these exact same facts...

 

[single317dad]

I can pretty much guarantee that Mom will be able to show that she's maintained the required records. AND that the court is unlikely to ask for them in this case.

Homeschooling also is not considered a change in circumstances, all on its own, in Missouri. So if Dad IS hoping to change custody, he's going to need more than that.

This story sounds sooooo familiar, though. I think the states were different, but there was a pretty recent thread with almost these exact same facts...

Given the information provided, it seems the child is not in school at all. That's the important issue I referred to. It will be up to OP to prove that.

 

[CJane]

Given the information provided, it seems the child is not in school at all. That's the important issue I referred to. It will be up to OP to prove that.

OP provided information indicating that the child is not logging into an online school program. OP cannot possibly have proof that the child is not being homeschooled... and I can pretty much guarantee that Mom will have proof that the child IS being homeschooled.

I'm certainly not saying Mom is in the RIGHT here. Only that if this is the only thing Dad is hinging a CoC on, he's going to lose. Though... we don't even know what Dad's endgame IS.

 

[single317dad]

OP provided information indicating that the child is not logging into an online school program. OP cannot possibly have proof that the child is not being homeschooled... and I can pretty much guarantee that Mom will have proof that the child IS being homeschooled.

I'm certainly not saying Mom is in the RIGHT here. Only that if this is the only thing Dad is hinging a CoC on, he's going to lose. Though... we don't even know what Dad's endgame IS.

OP claims the child isn't even living at home. If proven, that would argue strongly against homeschooling. I agree that Dad has a weak case for whatever he hopes to accomplish unless he can somehow prove the educational issues.

 

[LdiJ]

OP claims the child isn't even living at home. If proven, that would argue strongly against homeschooling. I agree that Dad has a weak case for whatever he hopes to accomplish unless he can somehow prove the educational issues.

He didn't actually say that the child wasn't living at home. I came away with the impression that mom had allowed the boyfriend to move in.

 

[CJane]

He didn't actually say that the child wasn't living at home. I came away with the impression that mom had allowed the boyfriend to move in.

I just went back through the posting Hx.

OP -

1. Are ALL the parties currently in MO?
2. You posted about the school issues in August - it's now nearly December - so an entire semester has gone by with you simply wringing your hands.
3. How often do you actually SEE/VISIT WITH your children?

 

[single317dad]

He didn't actually say that the child wasn't living at home. I came away with the impression that mom had allowed the boyfriend to move in.

I got the opposite impression, so I guess we need OP to clarify. My impression might be biased due to having some friends recently let their daughter move in with her older boyfriend.