false allegations cost too high

[salsi]

What is the name of your state? washington

my exhusband is a recovering crack addiction and alcoholic. he is on heavy antidepressants. last may he filed legal proceedings against me to change our parenting plan. in those documents he alleged that i am an alcoholic, addict and mentally ill. he has made numerous reports against me to child protection services (cps).

he demanded i have a hair follicle test. i went through chemical dependency assessments and psychological evaluations. all proved his allegations about me false. cps has evaluated our home environment and determined that my ex is full of it.

the problem is now that my ex's allegations are proven wrong, he still doesn't seem to want to conclude the legal proceedings. supposedly his reason to file was so that he can see our teen daughters more. however, i agreed months ago that he could have visitation for Thanksgiving and the second week of Christmas break. he did nothing to conclude the proceedng so only got 2nd and 4th weekends as per our current agreement.

this has been going on for 8 months and has cost me $8K. my attorney says the ball is in my ex's court and that there is not much we can do to motivate him to end this legal battle. i am thinking i need to discontinue with my attorney and just wait and see. but i don't know the risks of continuing without an attorney.

i know my case is solid. i am a great mom. i am clean & sober (not recovery...never been an alcoholic/addict), sane and healthy. i have a great job with good income. i own my home and am active in the community.

i just need to figure how to get my ex to drop or conclude the legal proceedings so that the cost doesn't keep growing.

thanks so much, salsi

 

[BelizeBreeze]

What is the name of your state? washington

my exhusband is a recovering crack addiction and alcoholic. he is on heavy antidepressants. last may he filed legal proceedings against me to change our parenting plan. in those documents he alleged that i am an alcoholic, addict and mentally ill. he has made numerous reports against me to child protection services (cps).

he demanded i have a hair follicle test. i went through chemical dependency assessments and psychological evaluations. all proved his allegations about me false. cps has evaluated our home environment and determined that my ex is full of it.

the problem is now that my ex's allegations are proven wrong, he still doesn't seem to want to conclude the legal proceedings. supposedly his reason to file was so that he can see our teen daughters more. however, i agreed months ago that he could have visitation for Thanksgiving and the second week of Christmas break. he did nothing to conclude the proceedng so only got 2nd and 4th weekends as per our current agreement.

this has been going on for 8 months and has cost me $8K. my attorney says the ball is in my ex's court and that there is not much we can do to motivate him to end this legal battle. i am thinking i need to discontinue with my attorney and just wait and see. but i don't know the risks of continuing without an attorney.

i know my case is solid. i am a great mom. i am clean & sober (not recovery...never been an alcoholic/addict), sane and healthy. i have a great job with good income. i own my home and am active in the community.

i just need to figure how to get my ex to drop or conclude the legal proceedings so that the cost doesn't keep growing.

thanks so much, salsi

sex has made me do silly things.....it's worth a try....just before he gets his pants off shove a motion to dismiss under his nose.

 

[LdiJ]

What is the name of your state? washington

my exhusband is a recovering crack addiction and alcoholic. he is on heavy antidepressants. last may he filed legal proceedings against me to change our parenting plan. in those documents he alleged that i am an alcoholic, addict and mentally ill. he has made numerous reports against me to child protection services (cps).

he demanded i have a hair follicle test. i went through chemical dependency assessments and psychological evaluations. all proved his allegations about me false. cps has evaluated our home environment and determined that my ex is full of it.

the problem is now that my ex's allegations are proven wrong, he still doesn't seem to want to conclude the legal proceedings. supposedly his reason to file was so that he can see our teen daughters more. however, i agreed months ago that he could have visitation for Thanksgiving and the second week of Christmas break. he did nothing to conclude the proceedng so only got 2nd and 4th weekends as per our current agreement.

this has been going on for 8 months and has cost me $8K. my attorney says the ball is in my ex's court and that there is not much we can do to motivate him to end this legal battle. i am thinking i need to discontinue with my attorney and just wait and see. but i don't know the risks of continuing without an attorney.

i know my case is solid. i am a great mom. i am clean & sober (not recovery...never been an alcoholic/addict), sane and healthy. i have a great job with good income. i own my home and am active in the community.

i just need to figure how to get my ex to drop or conclude the legal proceedings so that the cost doesn't keep growing.

thanks so much, salsi

If he is letting the case grow stale, your attorney won't be doing anything on the case, therefore your costs should not increase. Or, since your attorney says that the ball is in his court, you could simply instruct your attorney not to do anything further unless your ex pushes the case forward.

In any case, it really shouldn't cost you any more to keep your attorney on board until you know for certain its over.

 

[winnah68]

I don't know about Washington, but in my state you can motion for filing false cps charges and he can be fined. You may want to look at that approach.

 

[ceara19]

I don't know about Washington, but in my state you can motion for filing false cps charges and he can be fined. You may want to look at that approach.

No you can't. An individual CANNOT file charges against ANYONE. In the case of false accusations made to CPS, an individual can't even file a criminal complaint. It is up to CPS to file the criminal complaint and then it would be up to the DA or a Grand Jury to file actual charges. This is something that RARELY happens. Even when a complaint to CPS is determined to be unfounded or unsubstantiated, that in no way PROVES that the complaint was actually FALSE, only that it can't be PROVEN.

 

[salsi]

the sting of all his allegations is slowing fading. it is the cost in time, energy and now mostly money that still hurts much. i don't want to file anything against him. i just want to move on.

i'm thinking i'll ask my attorney to do absolutely nothing unless absolutely necessary. the thing is, it didn't cost my ex as much to make these false allegations as it has cost me to disprove them.

thanks much! salsi

 

[winnah68]

My bad, I said the wrong thing. It was baseless modifications, at least I think it was. (LOL)Anyway I remembered this due to the thought that my ex would never stop coming after me. Thats why I had a court ordered mediation put into my modification, in the event of any motions to modify, motion to enforce ect.