What is the name of your state (only U.S. law)? Iowa
I have joint legal custody with my ex-wife. She filed a false DHS report on July 17th stating that I emotionally abuse our son. DHS spoke with my son's pediatrician, the therapist he's seen for a year and our families. It was unfounded and the therapist actually told DHS that the only reason our son has not wanted to see me was because I "make him go outside and be active" and he's being "raised by a mother and grandmother who are polar opposites. He much prefers to sit and play his video games". This is a DIRECT QUOTE from the report. Even after getting the notice that it was unfounded, my ex has still withheld my son from me. NO visits since July 5th!
During a recent deposition, she stated she wasn't sending him because of the emotional abuse. Attorney asked what made her a more qualified judge. She had no answer.
QUESTION: What are my chances of reversing custody because of the refusal of visits for almost 6 months? I am worried she'll do this again since she had no problem ignoring the current court order, which is less than 2 years old! She lives with her parents and 2 children in a 3 bedroom house after getting evicted. I am married, own a home, good job, other children, current on support.
I have joint legal custody with my ex-wife. She filed a false DHS report on July 17th stating that I emotionally abuse our son. DHS spoke with my son's pediatrician, the therapist he's seen for a year and our families. It was unfounded and the therapist actually told DHS that the only reason our son has not wanted to see me was because I "make him go outside and be active" and he's being "raised by a mother and grandmother who are polar opposites. He much prefers to sit and play his video games". This is a DIRECT QUOTE from the report. Even after getting the notice that it was unfounded, my ex has still withheld my son from me. NO visits since July 5th!
During a recent deposition, she stated she wasn't sending him because of the emotional abuse. Attorney asked what made her a more qualified judge. She had no answer.
QUESTION: What are my chances of reversing custody because of the refusal of visits for almost 6 months? I am worried she'll do this again since she had no problem ignoring the current court order, which is less than 2 years old! She lives with her parents and 2 children in a 3 bedroom house after getting evicted. I am married, own a home, good job, other children, current on support.
