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Husband took kids

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amarita77

Member
What is the name of your state? OH

I know this is terribly long, but...

Until Friday, my husband, three children (7, 9, & 11 yr old sons), and I were living in our home. My husband and I had been having problems for a few months, but (I thought) were working on things. I was paying for marriage counseling which we were both attending.

On Friday while I was working, my husband went to the movies with my dad and kids. They all went back to my house. Late that night, my husband texted me that he was going to go stay with his mom about 20 miles away. He left the kids with my dad at my house. I was home with the boys all weekend. My husband agreed that he would continue to take the kids to and from the bus stops as he doesn't work, and I work full-time.

On Monday, I was served with court papers as soon as I got home. The order states that there was an ex parte hearing. My husband was given temporary custody of the kids. I am allowed to have visitation but am not allowed to bring them to our home. He is living with his mom which is adding an extra 20 miles each way to the kids' school commute.

According to the complaint, my husband stated that my house was filthy, filled with animals, and uninhabitable. My husband says that he has an injured back and is unable to clean and that I refused to clean. Obviously, to say that I refused to clean is a total lie. I have numerous pics of the house taken at different times over the years that prove it was clean. Apparently, as disgusting as this sounds, he literally went outside, picked up dog poop, brought it into my home and took pictures of it. These pictures where what the judge was shown with the statement that animal feces was allowed to lay around in the home. Although we are house breaking a puppy and have the occasional accident, there is no regular accumulation of animal feces. Also, I work 40+ hrs a week. My husband is home 24/7. At what point does cleaning the home become only my responsibility? I would imagine that if I leave the home to go to work at 7: 30 am, and the dog poops on the floor anytime between then and 5:30 pm when I get home it would be my husband's responsibility to clean it up.

My husband said his back was injured leaving him unable to clean. It was in 09/2005 that he injured his back. However, I have photos of him doing things such as golfing, bowling, playing, etc, and have witnesses of these things and more including him digging a culvert ditch in front of our home. These things were all done after the injury.

Another complaint was that I was hoarding animals. He listed the animals. Admittedly, we had too many pets. However, he listed them all as mine and listed ones that weren't even in the home on the date he signed the affidavit. He listed 3 ball pythons that were his and that he had actually asked me to give away last week. The snakes were picked up on Saturday. He listed 2 parakeets that were his daughter's (she visited on the wkends) which he had taken to his mom's on Friday. He also listed dogs that were his. He failed to mention that he had brought another dog into the home just this February. I had insisted that the dog be given away and found a home for it within 2 or 3 days. He listed 4 ferrets which I was in the process of finding homes for. I had listed them in several classified ads beginning in January. I had sold one of them on Saturday. The other 3 were supposed to be picked up on Monday but didn't get picked up until yesterday. He told my boys that the reason he left and took them was because the Easter Bunny brought them 3 bunnies. I gave them to my stepdaughter yesterday. My boys are in hysterics because their bunnies are gone.

On Monday, after being served, my sister was able to get my husband on the phone. He did speak with me but wouldn't really say why he had done what he had done. I convinced him to let me see the boys. He met me in a church parking lot and let me see them for a few minutes. The boys and I were crying. I was reassuring them that it would be okay and that everyone loved them. My husband threatened that if they didn't quit crying, he would not allow them to see me again. My 9 yr old son has Asperger's Syndrome. My son began vomiting everywhere in the parking lot. My husband was yelling at him and made all the kids get in the car and left.

My kids share a cell-phone. I was texting my oldest son about normal stuff - not instigating or causing problems. Yesterday morning, my husband allowed the kids to call me before school. After talking to them, I texted my oldest son some more. This is just a normal thing that we've always done when he's on the bus. Later, I got my husband to allow me to meet him and the kids at a local restaurant so I could buy the kids dinner. My husband sat a few tables away but would come over and try to start a fight. Eventually, he started shoving a paper in my face. The kids and I told him to stop but he wouldn't. Unfortunately, I made the mistake of grabbing the paper and tearing it up. I know that was stupid but he was shoving it in my face and wouldn't leave me alone. At that point, he tried to make the kids leave. They wouldn't get up. He said he would call the police. They said they wanted to eat their dinner. He walked away and allowed them to eat. When we were done, I told the kids they had to go with my husband and that I would see them at t-ball practice in a few minutes. I started down the road to practice and saw that my husband wasn't going that way. I called my son's cell and asked him where they were. Before he could answer, my husband started yelling. I could hear them fighting over the phone. My husband took the phone and hung up. Then, I called his cell. He said he wasn't going to practice because he had other things to do. So I went home. My husband then called me and said he went to practice. At that time, it was too late for me to get there before it was over. Later that night, I tried calling to talk to my kids. My husband took their cell and turned it off. I texted asking to let me speak to them. He texted saying they would call. I asked if they could call right away (it was 8 pm) because I had gotten only an hr of sleep the night before and was exhuasted. He did not let them call until 9:02 pm. The kids' bedtime has always been 9 pm.

This morning, he allowed the kids to call me before school. He still will not return their cell to them. He asked me to meet him at Kroger to give him my youngest son's coat (my son had not had a coat, his glasses, or his school folder since he had been with my husband). I met him on my way to work and saw that he is driving a brand new van that was purchased within the last two days.

I told my husband that I would pick the kids up from the bus stop at 4 today for my weekday visitation. He would not agree to that. He just said "we'll see." I have a feeling he isn't going to allow me to get them this evening.

I do have an attorney. I have several witnesses who will testify to various things. Even my husband's two ex-wives are ready to testyify for me.

I guess since I have an attorney already, I'm not necessarily asking for legal advice right now but just regular advice. The attorney says be patient and wait until our hearing Monday. That is easy for him to say. How am I supposed to live my life right now? How am I supposed to deal with this right now? How am I supposed to do my very chaotic job as well as I'm supposed to?
 


wileybunch

Senior Member
Is your question how to deal with it legally? Or emotionally? Emotionally, let the process work itself out. If he lied in order to force an emergency order, it will be rectified with your counsel's efforts. When is the next hearing set? What is your attorney's plan?
 

amarita77

Member
My attorney got an emergency hearing for Monday. He already typed up the answer stating all of the lies that my husband told and telling why they are lies. He also submitted the pictures of the house and, I believe, of him doing things that show his injury did not prevent him from cleaning.

I guess some of my legal questions are 1) Can my husband take the cell phone from the kids and prevent me from calling them? And allowing them to call me after he knows I've gone to bed. 2) In the papers, it says I am to reside in the home and pay utilities. Is a cell phone bill considered utilities? The phones are on a family plan in his name. He hasn't paid the bill. He refuses to call AT&T and authorize me to transfer my phone to my own name. 3) Also, the papers state that we aren't allowed to spend money frivilously. However, he is building a barn (to live in) but put it in his mother's name. The foundation is down, but the barn hasn't been started. Is he allowed to be spending the money?
 
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CJane

Senior Member
Ya know, if your husband has been the primary care taker of the children, and it certainly sounds like he has, he's likely to retain primary custody in a divorce?
 

amarita77

Member
We have been married 8 1/2 yrs. I just started working full-time in Nov. The boys are all school-aged. I get them up in the morning and pick out their school clothes. He drives them to the bus stop and picks them up from the bus stop. Three days a week, I get home at 5:30 (giving him between 1 & 2 hrs with the kids) and two days I get home at 2:30 which is before the kids get home.
 

amarita77

Member
Update:

Today, I was supposed to get the kids from the bus stop for my weekday visitation. I had told my husband that a few times last night and reminded him of it this morning. I went to the bus stop and found my kids weren't there. He had picked them up from school. He also turned off his phone. I headed down to his mom's and called 911 on the way to have them be there just to document everything. When I got there with the cop, my husband and kids weren't there. His mom was there but said she had no idea where they were and refused to get ahold of him. I wrote out a statement so I would have the proof.

He still will not answer his phones and won't let me speak with my children. I am very afraid for their welfare right now. My husband has never been abusive to me. However, I have this sinking feeling in the pit of my stomach that he might harm the kids. I know it probably just sounds like I'm trying to make him look bad, but I truly do feel that something is wrong.
 

amarita77

Member
My court hearing to terminate my husband's custody was today. Unfortunately, it didn't happen. My attorney had another hearing prior to mine. That judge ran over and made us late on my hearing. Now, I have to get through another night without my children. We have a hearing tomorrow at 1:30.
 

summerdawn

Senior Member
My court hearing to terminate my husband's custody was today. Unfortunately, it didn't happen. My attorney had another hearing prior to mine. That judge ran over and made us late on my hearing. Now, I have to get through another night without my children. We have a hearing tomorrow at 1:30.
Did you ever find out where he and your children were? Are they still missing?
 

LovingdadinMI

Junior Member
I can't help but wonder why he left in the first place. You did a fine job of stated your views on things but there must be things about yourself being left out.

You say your child has Aspergers...who has been the parent with the most interaction with the doctors and school staff in relation to that.

Certainly it isn't in his best intrest, again not knowing the whole story, to withold parenting time from you and not allow you the knowlege of where your children reside etc.

Don't rely soley on your lawyer. It is you that has the most vested intrest in this case not his. Do some research. Document everything relevant. Personally at this point I would be starting to question my lawyers faith in me. He has to believe in you to want to fight for you.

I just went through this myself very recently I understand the emotions but you have to get past all that. Like you I was the sole earner and my stbx was the "stay at home parent" I can tell you that dont lose hope because of that fact. If you want to have quality parenting time with your children start now taking actions to show you deserve it. It sounds as if your work schedule is accommadating. Clean up the house, if its not already. Take care of the animals. Make everything as family friendly as possible. Rather than intently focusing on what your husband has done wrong start to think about and document what you have done right. It all makes a difference. You will get your day in court. The judge will not however spend all day listening to insignifacant details of things. When you have parenting time or contact with your kids stay calm. Dont react to your husband if he has tyrants and certainly encourage your children to know that you both are there for them. If you break down they will too. Let your husband be the one to lose his cool in court.

Oh also on a side note its probably not a good idea to call 911 in that situation. Police stations have a non emergency line that would be more appropriate. Again you want to do as little as possible that could in any way cast doubt as to your stability.
 

amarita77

Member
My son refuses to go to the counselor with his dad. He will only go if my dad or I take him. I have always been the one to take him to the dr and counselor even a few years a go when he had a different counselor.

I truly, absolutely have no clue as to why my husband is doing this! Our marriage counselor says she thinks he has just "snapped." His attorney called mine and told him that my husband is "slow." So what the heck does he have my kids for?

We went to court yesterdan and waited and waited. My attorney was held up in a hearing in the same building but the judge wouldn't wait. So he set the hearing for today at 1:30. My attorney called today to say the judge is "sick" and he is trying to get the hearing set for tomorrow.

I truly don't know what I'm going to do.
 

amarita77

Member
No matter what number we call (even the regular lines) it always goes to 911. I know that sounds stupid, but it's true. We've had to get ahold of someone for simple things like a tree down and we still end up with 911.
 

summerdawn

Senior Member
No matter what number we call (even the regular lines) it always goes to 911. I know that sounds stupid, but it's true. We've had to get ahold of someone for simple things like a tree down and we still end up with 911.
There should be a business number for your local police station. If I were you i'd just memorize it or put it on speed dial with all the stuff you are having to document right now...
 
Why are you calling 9-1-1 for a NON-EMERGENCY??!!? :rolleyes:
Here we have to call 911 for everything. I think it is ridiculous, 911 should be for only emergencies, but in WA they've got it set up as the answering service for the police department. Makes me feel so secure to know that if I'm seriously injured the lines could be clogged with people reporting such innane things like their neighbors dog is barking too much or somebody just flipped them off on the freeway!
 

summerdawn

Senior Member
Here we have to call 911 for everything. I think it is ridiculous, 911 should be for only emergencies, but in WA they've got it set up as the answering service for the police department. Makes me feel so secure to know that if I'm seriously injured the lines could be clogged with people reporting such innane things like their neighbors dog is barking too much or somebody just flipped them off on the freeway!
An emergency line an ANSWERING SERVICE?? :eek: Wow, that is seriously insane.
 
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