Advice?

[Madison31]

What is the name of your state (only U.S. law)? Michigan

I have primary physical. We share legal.

The father is rarely in his life. I have documentation and witnesses to testify. Many other issues also.

I also have witnesses to testify from his family on my behalf. And letters from our son's therapist.

His wife has been an issue from day 1. I had to file a PPO against her because she threatened to kill me twice while my son was in the room with her.

The father and his wife have said, and still do say many awful things about me to our son and other people. Now she is saying that I have posted pictures of me and her hubby on the net, and that I am saying things about him and her. Absoluetely not true. I googled my name and could find nothing. But I believe she is capable of many things. I believe she would post pics herself, and write things, and say that I've done it. But I believe that can be traced back to her if she did it. This is illegal, right?

And I have reason to believe he may attempt to file for primary or joint physical custody. He threatened me with this and his reason was "because you're never home." Which is not true either. Another reason is that the courts are doing CS investigation per HIS request. But he may end up paying more money. And he has said he should not have to pay anything in CS. So I believe these are his 2 motivating factors. But now he is telling his lawyer that I've kept our son from him. Our son is 6. But in 6 years, he's filed only one complaint. That complaint was thrown out. I got a letter from the case worker soon after stating that she talked to him and he would contact me when our son's school activities were over in May, to resume his visitation. The letter is dated, and it's 2 months until May. So that's 2 months without seeing our son, per HIS request.

 

[Madison31]

I was just wondering. I've posted 3 threads since being here I think a week. In one thread I got great advice, and I appreciate that. But 2 of the threads, including this one, do not have replies. So I was just wondering if I've ticked someone off. If I have...I apologize.

His family, including his mom, dad, and sisters..all believe that they are both doing drugs and drinking. One reason they believe this is because he makes $48,000.00 a year, does not pay his child support regularly, yet is still unable to make house payments or his car payments. They even had their water shut off last week for non-payment. Along with other info, the CPS worker said this would be enough for his mom to file a complaint.

Would that be enough for the courts to order random drug and alcohol tests on them? Neither of them have DUI's. But there are police reports from each of them accusing the other of drinking/doing drugs.

 

[Ohiogal]

I was just wondering. I've posted 3 threads since being here I think a week. In one thread I got great advice, and I appreciate that. But 2 of the threads, including this one, do not have replies. So I was just wondering if I've ticked someone off. If I have...I apologize.

His family, including his mom, dad, and sisters..all believe that they are both doing drugs and drinking. One reason they believe this is because he makes $48,000.00 a year, does not pay his child support regularly, yet is still unable to make house payments or his car payments. They even had their water shut off last week for non-payment. Along with other info, the CPS worker said this would be enough for his mom to file a complaint.

Would that be enough for the courts to order random drug and alcohol tests on them? Neither of them have DUI's. But there are police reports from each of them accusing the other of drinking/doing drugs.

Quite frankly because this post seems like a double post of your last thread with many similar facts. You are better off posting ALL of your questions IN ONE THREAD. Believing someone is doing drugs means nothing. Prove it. And why would HIS MOM be able to file a complaint? There is NO PROOF of either of them doing drugs.

 

[Madison31]

Thanks for responding.

I'll post all similar questions in the same thread from now on.

His mom is filing a complaint to CPS. Not the court. No...she wouldn't be able to file a complaint in my custody case, you're right. But CPS said suspicion of drug use is enough to file with them, with the info she was given. I just wanted to see what you had to say here. So thank you again.

 

[Ohiogal]

You can complain to CPS but they can't necessarily do anything. And using CPS in the midst of a custody case is going to lessen credibility of the reports.

 

[Madison31]

My son came home after being at his dad's for the weekend and said to me the following things.

"How come you won't go to lunch with___? She said she wants to be your friend, but you're a bad person and don't like her. She said everyone else likes her but you." He's talking about his stepmom.

He says to me, "___read me the letter you sent to my dad. My dad told me you never want him to see me again." The stepmom read the motion my lawyer sent to them, to my son. My son talked about specific details that were in the motion. The motion was 4 pages long.

"My dad said that I didn't have to live with you if I didn't want to because the judge will make me live with him because youre a bad person."

Dad and stepmom called me "the B word and the A word."


It is court ordered, in our custody agreement, that dad not leave our son alone with his wife. His dad left our son with her for 4 hours this past weekend. I know that he did because the person he was with told me. My son also told me. My son didn't say how long he was gone, but the person he was with did. It is also a court order that he nor his wife drink alcohol around our son. They did. And according to what our son told his therapist, they do everytime he is over there.

 

[stealth2]

It is court ordered, in our custody agreement, that dad not leave our son alone with his wife. His dad left our son with her for 4 hours this past weekend. I know that he did because the person he was with told me. My son also told me. My son didn't say how long he was gone, but the person he was with did.

He was either left alone with her, or there was someone else there (the person he was with). So which is it? He can't be alone with her and with someone else.

 

[LdiJ]

He was either left alone with her, or there was someone else there (the person he was with). So which is it? He can't be alone with her and with someone else.

I believe she was talking about the person who was with DAD.

 

[Madison31]

He was left alone with stepmom.

Dad was with a different person at the time. This different person is the one who told me.

Sorry about the confusion.

 

[stealth2]

I believe she was talking about the person who was with DAD.

LDi... I wonder if it would be possible for you to try NOT interpreting things for others? Just once or twice would be nice.

 

[LdiJ]

LDi... I wonder if it would be possible for you to try NOT interpreting things for others? Just once or twice would be nice.

Considering the fact that I was accurate about that, it wasn't an "interpretation".

 

[stealth2]

Considering the fact that I was accurate about that, it wasn't an "interpretation".

Let me clarify what I mean, then. Could you, perhaps, allow the OP to clarify the situation and/or answer the question instead of immediately jumping to his/her defense with the "right" answer? Maybe you're "accurate", or maybe... you're showing the OP how to answer the question to get the response they desire.

 

[Madison31]

The person dad was with is his own father. Dad's father is a contractor, and dad works with him on the weekends sometimes. However, according to dad, he hasn't worked for him in awhile. But I do know he worked for him 2 weekends ago, and this last weekend.

 

[stealth2]

Okay. So how does Grandpa KNOW that the wife was alone with the child? How does he know she didn't have a friend over? And... if he DOES know for sure, without a shadow of a doubt - is he willing to testify against his son? 'Cause unless he is - you've still got no proof.

 

[Madison31]

It doesn't even matter if the stepmom had a "friend" over. When we established this court order, I wanted to list the stepmom specifically. That dad could not leave our son alone with her. HOWEVER, stepmom did not want her name specifically listed on any court documents because she said she had some other court case involving her own child. Dad then said we could put on the court records that dad cannot leave child alone with ANYONE. This was HIS choice to have "anyone" on the document.

So even if dad left our son alone with the Pope, he is still in violation.