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Isiah

Member
What is the name of your state?Minnesota
I have posted this subject before ,but i will outline details to get a true response.


My husband filed for custody about 4 years ago, the custody evaulator said he should live with us, but the judge decided otherwise..Fine.

Since that judgement went into effect November 2002, things still have not changed with his ex. In my opinion they are worse.

Here is exactly what has went on in this short 2-3 year time frame. By the way, my husband has filed for custody again and that court date is on September 13th, 2005.

About 3 months after the last decree in 2002 she started denying the visitation again. We were suppose to have a parenting time mediator, but due to the cuts in Minnesota at that time they cut that part. My husband tried several methods of visitation. Through the ex's mother, through my husband lawyers threats of comtempt,My husband trying to contact his ex his self. His ex said to not call her ever again and that was January 2004. Let me be clear about his ex. When she says do not call, it's better if you don't because she is harrasment order happy and she wiil try to get one. Out of my husband's frustration he just let it be. He was hoping maybe she would grow up. Yah, right. Later that year, in september he started writing letters to her mothers house to his ex asking for visitation. He has written 1 or 2 every month since setember 2004 until recent being August 2005.

She's gotten every single one. A a lot she hasn't reponded to. In November 2004 she responded by phone. She said no you can't she him and see you in court.My husband kept on sending them though, in hopes of some type of change.We kept record too.

Now that brings me up to the next issue. She has moved 4 timed since the November 2002. 3 times since my husband filed the paper work. She has been evicted by 3 different residences and the other one she lived at was her husband/boyfriend sister's house. Since the paper work was filed, she has lived with her mother, her father and as of today she moved to a shelter.

While she was living with her mom my husband wrote her a letter asking if he could helop in anyway and maybe take theie son untill she could get back on her feet. She called my husband back and said "we don't need your help" "Your some don't want to live with you" He don't want to see you"
She then made their son get on the phone. She was screaming at him"Tell your dad you don't want to live with him" "tell your dad you never want to see him" "tell your dad you never wnna talk to him again. She made this poor child sat terrible things to hid dad. She got back on the phone and said "see you don't wanna have any part of you. She said "if you want to see him take her to court" and that my husband could just keep paying for him and that's it.


That brings me up to the next issue. My husband left work immediately and was going to file the paperwork. The ex had threatened to leave to Indiana so we had to act fast. We had the paper work at home almost filled out. My husband finished. He filed and then we had my cousin serve it to her. Which his ex assaulted her. Slammed her leg in the door and punched her. It is being investigated. It's in the Saint Paul homicide unit.We video taped the whole thing. WE wanted to prove that she had gotten the paper work and we captured a lot more then what we expected.She also abandoned thier son with her mom and told him"you can go live with you F***ing dad" We did go and get him. We called child protection. The ex wanted him back so we returned him with out an issue. Child protection said that woulb be the best thing to do. She waited two days later to get him


My husband also filed the police report and affidavits from myself and my cousin saying what happened to the family court judge. He also filed a letter saying he wanted temp custody.

On to the next issue. WE know she is using drugs and alchohol again. Her mother came home from work(While the ex was still staying with her ) and found the ex's other son(3years old)playing with a glass pipe. She was also found stumbling drunk at a family picnic.

oh, also she has had stable employment in years. She can;t keep a job. She also didn't follow up with her court ordered drug treatment that was on the last decree on November 2002. Or the pycholigy evaluation. She didn't follow up with co-parenting either.

Help..do you think we will get temp custody?? Something is really wrong with his ex. I am sorry but she has mental issues. Bad ones. Drug problems too. Is the judge going to say she's just down on her luck for living in a shelter. What other steps can we take??


What can we do??????Is there enough there for at least
 


stealth2

Under the Radar Member
Noone can tell you how a judge might rule. He might get temp custody, and he might not. At this point, it's simply a waiting game.

It's still not clear how the process server got her leg slammed in a door, nor is it clear what evidence you have of her drug use, etc. Just saying she does drugs or drinks isn't particularly compelling. Arrests/convictions would be something else again.
 

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