i'll try to keep this as nuetral as possible

[Isis1]

I live in California


The father of my chidren is trying to regain custody as he lost custody last June. The children have improved in school, my son's grades have gone up, the youngest is no longer in need of special needs therapy as he was expelled from the program by 3 professional therapists.

i have followed the court order almost to a "T". the oly thing that won't be done in time is the parenting classes of which i will be two classes short as i was on a waiting list.

now, the father had someone mail me an unconformed copy of a "revised" response claiming all sorts of items such as me not following the court order.

i was to have a cellphone re-established (i have a pre-paid phone and due to the magic of call forwarding, he ends up calling the house)
I have a two bedroom apartment of which my children occupy one. i refuse to allow him in the house to view it. he called CPS citing abuse, neglect and the children sleeping on the floor. CPS saw that this was not so and closed the case. Can i request a in home evalualion for home veiwing?

he claims that i obstruct him from speaking to the children saying i rush them off the phone. i have never done this and even give my children privacy to speak to their father. Now there are instances when he calls, when i am on the phone. he feels i need to get off my call immediately to he can speak to them (control issues). i always remind the children when the phone is available to call their father back. and yes, i do turn off the phones at 8pm at night (sent him a letter stating this cc'ing the court) because i have a younger child that goes to sleep at that time. the two children we share go to bed at 8:30.

he even refused to drop off the children after his weekday visitation because i had a babysitter waiting for them as i had gone out to dinner with my husband for our wedding anniversary. I called the police and made a report. i even spoke to the children on the phone at 8:07pm to make sure they follwed directions and started getting ready for bed. but because they weren't allowed to watch TV or play X-Box, they went back outside and told their father they didn't want to stay. he refused to bring the children back until next day. (the babysitter was my father in law who lives with us)

would the judge consider giving custody back to the judge? despite the children incredibly increased improvments? and can i file a response to his response and allegations?

 

[Shay-Pari'e]

I highly doubt the judge wants custody of your kids,lol.

It doesn't look like he has anything on you to be worried about.

 

[Isis1]

dur....i typed that wrong. would the judge give back custody to their father is what i meant. i swear i am building cobwebs in my head these days.

but the two classes i am missing...if i bring proof of enrollment at the very least would that be sufficient?

 

[BL]

Wait and see if he files , then obtain the records to prove you have not violated the orders .

You can get the CPS report .

I doubt a Judge would scold you because you had to wait on a waiting list , and are now enrolled .

3 teachers expelled your child from class ?

 

[Just Blue]

Wait and see if he files , then obtain the records to prove you have not violated the orders .

You can get the CPS report .

I doubt a Judge would scold you because you had to wait on a waiting list , and are now enrolled .

3 teachers expelled your child from class ?

She means that the child was released from special ed. Services no longer needed.

 

[BL]

She means that the child was released from special ed. Services no longer needed.

I know , But some people could take it the wrong way .

My girlfriend's son was in SP ED .

 

[TinkerBelleLuvr]

What is the change in circumstances that your X could claim that would give bearing to changing custody? The judges don't like having children go flopping back and forth between parents.

 

[casa]

I live in California


The father of my chidren is trying to regain custody as he lost custody last June. The children have improved in school, my son's grades have gone up, the youngest is no longer in need of special needs therapy as he was expelled from the program by 3 professional therapists.

Good. That shows improvement all the way around.

i have followed the court order almost to a "T". the oly thing that won't be done in time is the parenting classes of which i will be two classes short as i was on a waiting list.

That is common in CA. Just include that information in your declarations/responses. You HAVE attended and are finishing the classes.

now, the father had someone mail me an unconformed copy of a "revised" response claiming all sorts of items such as me not following the court order.

He's just 'revising' (changing) what he's saying. That doesn't hurt you, but it does make him look possibly confused.

i was to have a cellphone re-established (i have a pre-paid phone and due to the magic of call forwarding, he ends up calling the house)
I have a two bedroom apartment of which my children occupy one. i refuse to allow him in the house to view it. he called CPS citing abuse, neglect and the children sleeping on the floor. CPS saw that this was not so and closed the case. Can i request a in home evalualion for home veiwing?

CPS closed the case. They are unfortunately used to parents trying to use them in Custody Cases. Don't worry about the CPS part.

You can request a Home Study...but Why? It's expensive, time consuming & you don't need to go through all that just because your X is trying to play dirty. IF the courts feel further evaluation is needed~ they will order it.

he claims that i obstruct him from speaking to the children saying i rush them off the phone. i have never done this and even give my children privacy to speak to their father. Now there are instances when he calls, when i am on the phone. he feels i need to get off my call immediately to he can speak to them (control issues). i always remind the children when the phone is available to call their father back. and yes, i do turn off the phones at 8pm at night (sent him a letter stating this cc'ing the court) because i have a younger child that goes to sleep at that time. the two children we share go to bed at 8:30.

He can claim anything he wants...but he has to PROVE it for the Court's to intervene. Is phone contact outlined in your Court Order? If Not, it doesn't matter how many times he stomps his feet about it....If so, as long as you are following those guidelines, you are fine.

he even refused to drop off the children after his weekday visitation because i had a babysitter waiting for them as i had gone out to dinner with my husband for our wedding anniversary. I called the police and made a report. i even spoke to the children on the phone at 8:07pm to make sure they follwed directions and started getting ready for bed. but because they weren't allowed to watch TV or play X-Box, they went back outside and told their father they didn't want to stay. he refused to bring the children back until next day. (the babysitter was my father in law who lives with us)

This is where HE was in Contempt of the Court Order. You can designate any competent adult to care for your children in your absence....family members even moreso. This was SGpa, so what's the problem there? Unless SGpa is legally not around children- your X bringing this up will only prove his OWN Contempt.

would the judge consider giving custody back to the judge? despite the children incredibly increased improvments? and can i file a response to his response and allegations?

It requires a Change of Circumstance. If all your X has is what you've written here? Then No, it wouldn't be enough to modify Custody.

 

[VeronicaLodge]

you, your husband, your husband's father, and 3 children live in a 2 bedroom apartment? where does FIL sleep?

 

[Isis1]

He sleeps in the living room sofa bed for the time being until we can find a 3 bedroom apartment. Which we have to find in our area because i don't want to move the children from the school mid-school year because they are doing so well.

and yes, when i said expelled, i was using the terminology the speech therapist and psychologist used. it was also termed in the expulsion paperwork.

 

[Isis1]

btw...thank you so much everyone for your input.