• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Adjusting child custody

  • Thread starter Thread starter Nicksdaddy
  • Start date Start date

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

N

Nicksdaddy

Guest
I have been divorced for almost two years now and my x-wife still do not get along. However, we have a son who is now 5 years old who has been telling me over the last several months about what his mother and her new boyfriend are doing. They apparently shower together, perform oral sex and have intercourse when they believe my son is asleep. (His bed is in her bedroom) He has even asked her about it and she told him "that is what people do when they are in love"He has gone into detail about what he has seen and although this is my first child I cannot imagine a child making this up. He has also told me that he rides on the floor boards of her boyfriends car because it's only a two seater and according to him: "Mommy says I can't ride on her lap becasue a police man will give her a ticket." When I have confronted her she completely denies it and says that I'm lying and trying to turn our son against her - She has also made claims of what our son has "apparently" told her as well. Now, according to our parenting plan, I have our son Wednesday's from 4pm-7:30pm and overnights on alternating weekends from Saturday to Sunday at 5:00pm. It states that in the Winter of 2002 that the child should recieve additional time with the child. Without having to go through court again I asked her for additional time and she responded by saying, "you have too much time as it is & you can't afford to take me back to court!" The following day I had my son and as soon as he got in the car he asked me: "Daddy, Mommy says I'm not going to see you any more. Is she lying?" Is there anything that can be done about her behavior in front of our son? This shouldn't be something a child should be witnessing. I really would appreciate any advice provided as I'm at a loss of what do. There are other instances as well like when she told our son that I didn't love him and that "Josh" was his new daddy. It's my word vs. her word. what can be done. I asked her to take our son to couseling, but she refuses. Thanks....
 


jeanine

Member
File a petition to have your time increased and show the paperwork where it states the increase in time. You don't need an attorney to do that. I would also mention in your paperwork what the child is telling you - it may be grounds for a change of custody. The court will likely order a court-appointed therapist which you will have to pay for or the parties will split the cost. If the child tells the therapist the same things he's telling you, then chances are it will not look good for mom. The court will probably also appoint a law guardian to speak with your child as well and monitor the therapists findings. It will be a long drawn out process, but your child is probably worth it! Good luck and file the paperwork asap - especially if she's telling the child he won't see you for awhile. Sounds suspicious to me.
 

buka

Member
As jeanine said, you don't need a lawyer to file for increased visitation. Do that immediately. The court should be happy to assist you in exercising your right to increased visitation and she will have to explain why she has denied it.
I would not, however, include the other matters in that motion as they could confuse things. If you intend to file for custody, you will need a lawyer. Would it be possible for you to take your son to counseling on your Wed visit? I know it would take up part of the few precious hours you have with him, but if it could help you get him out of a bad situation, it would be worth it. If you can get him into counseling and the counselor agrees that the situation is bad enough to reverse custody, then you should get a lawyer and take her to court. Good luck and remember that kids are smarter than parents sometimes give them credit for.
 
N

Nicksdaddy

Guest
Adjusting Child Custody

I want to thank you for your responses to my situation. Just to give you an update. This weekend my son and I had our over night visitation together. As he was getting dressed, he slipped and bumped into the corner of the wall, causing a bruise to form on his forhead. When his mother saw this, she took him to the hospital (without calling me) and proceeded to tell them that she thought I was been abusive to our son. I got a call from the hospital and told them I would be right in. When I got there I was approched by a social worker for the CPS and told me that I should be expecting to hear something shortly. You were right, she is trying to set me up and not allow me to have visitation with my son. How can somebody still be so filled with hate towards somebody and play their children if they were a pawn? The most important thing a child needs is to feel loved by both parents and not hear negative feelings regardless of how the parents feel about each other. The child never asked for the divorce. I know in time that the truth will be found, until that time, I will continue to be the best father I can be.
 

jeanine

Member
Your ex is obviously a sick woman. So is my husband's ex. Some woman are just hellbent on making the man suffer for leaving them, divorcing them, dissing them, embarassing them, etc. Keep documenting everything and don't give up on your son!

If anyone should be calling child protective services, it should be you on her!
 
G

guenevere

Guest
Don't you dare give up on your child - I applaud fathers that fight for the best interest of the child instead of "taking what the divorce process gives them" She sounds very vendictive, be careful of future accusations of sexual abuse concerning the child, I've seen it too many times hurt the father immensely without him having one shred of blame!
 
S

smh33

Guest
All are right about increase and do not file to increase time..you already have increase approved....file motion asking to modify visitation reflecting or to include court ordered visistation increase. Go in already presenting position you have the extra time, just need to define when because u 2 can't agree. Have a visitation schedule ready, what you want, to give judge...easier to just agree to your reasonable schedule than for judge to make one feels fair to both..do work for judge...shows you were willing to do same with ex. Letter ex a copy of revised schedule(certified always) stating your due increase is valid by order & this your suggest for....give a deadline of reply & request reply by cert. mail. Shows co op even more for you. Do this several times if time avail..2nd letter..I sent u one requesting etc...have not heard, if don't by such & such will assume you are agreeing...that usually gets some response. If none still, take all to lawyer, pay the 100 to have lawyer send letter stating by no reply ex is agreeing to terms and include new order with new terms...perhaps will just sign,be done.
Agree..keep other issues out, get increase first..once u get, hard for courts to take but if u never get & get in that other battle..u could end up with no extra. DO NOT PLAY WITH CPS...they will take your child from both...they.like judges see this crap a lot but you never know if your one case worker has unresolved issues,is biased, whatever. Once notified (CPS), they become somewhat liable for child's being and take no chances....really strict in some states. My ex also tried using Dx visits and accusations toward me, though not to point of CPS. Think hospitals must report any claim, suspicion...even if just the word of one person..again liability. I visited the peds office, spoke w/ each doctor and followed with letters....also I sent one on the offense to Social Services..just stating ex had made false allegations,cc all the doctor letters to SS, and just stated wanted to make them aware if they got report from ex...this was a power battle. Made big difference, showed doctors ex's letters to me claiming Dx said this,that,my neglect caused...they never said things in that way..said any parent might overlook psoriasis as a heat rash,cold sore & not uncommon. Just for safety, anytime child gets bump, take a picture, write down scenerio..a witness never hurts. Helps if it all comes up 2,3 weeks down road..not just your memory..plus shows u threatened enougth by ex, felt need to protect,document. False child neglect/abuse accusations serious.

Child..remember is a 5 yr old right? You can't go in courtroom and only evidence is my 5 yr old said. They do make up stuff, starting about that age, play parents against each other. Some of your examples definately a stretch for a 5 yr to just make up but....not against law for child to walk in on adults having sex...and unless you can prove it, have picture of him in floorboard,witness to such...it is really just hearsay...although it will cause judge to give wonder.
I am wondering if you could not pursue, possibly in motion of visit change without bringing up other stuff...the fact of grown woman sharing a room with 5 yr old child...then add the man. Most courts...or my state has provision in orders that require NCP to supply child with own room, even if it's parent's room & they take couch. This especially as child ages (they need own space) and when parent is of different gender...what?...will he be sharing ex's room when he is 9,12....do not feel court looks to good on that & especially if ex also has partner. Think that may be best avenue to fight her on, can have it as part of your order, child must have own room at each home. May be able to use this to win greater battle...if she can't provide,turn over custody if you can. You know u can also have order mandate no overnight guests of opposite sex..remember works both ways but was best for me..eliminates problems all the way around & that is easy one to prove if rule broken. Bargain with these things.
Don't know why but, my son about 5 1/2 started telling outrageous stories about ex's house..left him alone,forgot him at sitters..I really started worrying but, as I investigated..found much exagerated...caused much strife between me and ex, we are already bitter. Then when we (ex & I) calmed down, his tales (son's) started fading...about right at 7 yrs. Kids know parents don't get along, will try to test the limits,boundaries. Not saying your case all false, just look deeper before you leap..get a PI, a friend or u & check it out..binoculars,cameras...I did, only way I could get truth..u know not going to believe ex...gotta do what you gotta do..and cheaper if u do it,...don't use your own car though...dead giveaway. Don't record convo w/o telling other party illegal...but u can follow,keep schedule journal,photo anything.......again as long as it is not through the back window of ex's home.lol good luck..got a job ahead of you.
PSs...include in letter to ex statement of not notifing you of hosp visit and state how you were told...CPS? You must think ahead of ex. Also counsling on your time good but if you seek & pay...you may be responsible to inform ex as ex to you with hosp. Really have to read your order, word for word....need to notify, not malign ex but make aware anyplace she may use...school,dentist,babysitters...send letter now just briefly stating there is custody issue, could be ugly,want to make aware of situation & to notify you of anything relevent...also stress you send this awareness as these are people involved/around your child and should know case they notice child change of behavior. If paid counsel out, try school counsler if have one, free, service of school so you do not have to inform ex. Should notify such anyway of issues, just ask if counsl can keep ear open, initiate casual convo with child in hall, lunchroom and feel out if any problems. Do not insult or accuse ex of anything..explain bad between u 2 but you are requesting this only out of concern for u'r child & how handling whole divorce,unfriendliness,etc and so child knows someone can go to if not mom/dad to talk. Worked for me...I came out looking great, as I am concerned for my child...ex went everywhere slandering me and looked like a bitter a_ _!
They are still hateful & bitter because much as they cry, I care, they feel they got bad end of deal and NCP is out living fun,swinging,joyful life. They remain bitter because they want to dictate other parents relation with child but only on thier terms...switch ok if good for them, if not to CP benefit no & then they get pissed because they need to switch & know they can't call NCP, NCP won't say yes, because CP never says yes. They will not give up custody for fear NCP will treat them as they have treated NCP and by god CPs do not want to pay support or be in position/subjected to all that comes with that. CPs bitter because they expect NCP to be same kind of parent as if still together...depending on breakup..bitter because child didn't keep one there,bitter at thier own contributions to split,bitter NCP doesn't feel obligated to CP for being caregiver,bitter NCP goes out while CP must be home...no matter what, fact is custody is power....power to interfere in ex's life,know ex's private affairs..income,work,bonuses,new purchases, power to hurt NCP emotionally through child,power todamage any new relation NCP may find,influence child majorly and as long as CP has child they are guarenteed the ex in life somehow. I see/have imppression that there is nothing more thrilling to a CP than to be getting support & not allowing visitation....until they (cps) fullfill thier life,selves they will never get over it or the competition with the other parent.
 
N

Nicksdaddy

Guest
Another update: Papers were served to my ex to appear in court the 10th of January 2002. I picked my son up yestrday afternoon for our mid-week visitation and below is a conversation that we had while heading to the mall.

Dad: Nicky, do you know if Mommy got a letter from me?
Nick: I dunno. What did the letter say?
Dad: It said "hi."
Nick: Well that's dumb, Daddy. Why didn't you say anything else?
Dad: I did. I told mommy that I wanted to see you more.
Nick: Oh, that! Yeah, mommy told me that I'm supposed to talk to the judge and tell him that I want to stay with her.
Dad: Is that what you want?
Nick: No, I wanna stay with you, but mommy will get mad at me.
Dad: No she won't, kiddo

I changed the subject and started talking about going to get our picture taken with Santa Claus for my parents for the holidays.

Can this be considered coaching a child into what to say - if they do talk to a judge? In my declaration I noted several times that it was my main concern that my son speak to a child psychologist (neutral party) that is familar with cases such as this and can help Nicholas through his problems.

Any suggestions would be greatly appreciated.
 
S

smh33

Guest
Hi....1st thought is, no more asking son about mom,letters,etc... this is why you send all certified, signed receipt will let you know if ex got...plus is your court proof that ex got, otherwise will be the old..letter? I never got a letter....

Your issues posted & all other issues not posted...hard to know what judge will direct.......usually at 5 yrs judge will not talk to child..will use some type counsler & get info from that avenue...but never know...
Anycase, at 5, will most likely tell anyone (judge or counsl) same as told you...mom said to say....... no, that does not look good. Keep documenting all, wait & see......once u go to court will have better feel for judge and how all to go from that point...
Sorry nothing better to offer but, much of custody is wait & see what happens in court....you can just do best to be prepared for that day. Best Wishes.
 
R

rdaniels

Guest
I urge you to educate yourself in cooperative parenting and to enroll yourself plus child in family counseling. Rule of thumb that I have learned in counseling and educating myself in parenting is to never ask the child who they want to live with. A child needs to feel like they dont have to choose between mom and dad. I say start with counseling, and in most states a parent can ask the judge to order family counseling and mediation. It sounds like your son is being put in the middle and that is not good.
 
D

darla253

Guest
Oh my gosh, this sounds so much like my husbands ex. Does this psycho live in Florida by any chance?
We now have his son living with us but had to wait until he was just refusing to go home. We live in Texas. She has kept us in court so much that we've had to file bankruptcy and have been on the verge of losing our home and everything else.
She did the same things to him that your ex is doing to your son. Telling him how his father didn't love him, etc. It's a hard thing to prove so I started taping conversations when he would just start talking. We never asked him any questions at all so that way we weren't pushing answers out of him. You might think about it. They can't be used in court here but our attorney certainly pushed harder for us when he heard them. Sometimes they just need that extra little push. I think you should file for custody and keep on it. Get him out of there and away from the floorboard of the car he's having to ride in.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top