custody issue..

[Dlgdabalm]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? Rhode Island

My wife's ex husband is trying to gain full custody of her four children, two out of the four are not biologicaly his but he has assumed responsiblity for all of them, my wife has been the primary caregiver to the children for the past nine years, he remarried and from the onset of his new marraige his wife has been attacking the childrens mother and what we feel mentally abusing the children, she even went as far as to tell the youngest daughter who is at the age of nine to ask her mother who such and such family is meaning the childs biological fathers family who she knows nothing of, she has told the children that a sister that stays with thier grandmother is not really thier sister and alot more worse things about the mother that are not true. I must tell you that his new wife is a preschool teacher and every alligation they have made in the court records as to why they are trying to gain custody are false and we are able to prove this. My questions are:

1. Can we file a no contact order against her until this proceeding is done?

2. If we can prove these alligations false are we able to file a defamation of caracter lawsuit against them?

3. Does this violate her code of ethics as to being a teacher? and where would we go to file a complaint?

4. What are his chances of actually gaining custody when my wife has been the primary caregiver for all this time?

 

[Zephyr]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? Rhode Island

My wife's ex husband is trying to gain full custody of her four children, two out of the four are not biologicaly his but he has assumed responsiblity for all of them,

as in legally adopted?


my wife has been the primary caregiver to the children for the past nine years, he remarried and from the onset of his new marraige his wife has been attacking the childrens mother and what we feel mentally abusing the children, she even went as far as to tell the youngest daughter who is at the age of nine to ask her mother who such and such family is meaning the childs biological fathers family who she knows nothing of, she has told the children that a sister that stays with thier grandmother is not really thier sister and alot more worse things about the mother that are not true. I must tell you that his new wife is a preschool teacher and every alligation they have made in the court records as to why they are trying to gain custody are false and we are able to prove this. My questions are:

1. Can we file a no contact order against her until this proceeding is done?

you could ask for one, but it's probably unlikely the judge would grant it since it's hard to prove what some says and she's the father's wife


2. If we can prove these alligations false are we able to file a deflomation of caracter lawsuit against them?

what would that get you? people lie in custody battles all the time.


3. Does this violate her code of ethics as to being a teacher? and where would we go to file a complaint?

not sure, but unlikely

4. What are his chances of actually gaining custody when my wife has been the primary caregiver for all this time?

judges do not like to uproot kids so unless there is something major going on with mom it is unlikely that dad could get full custody of the kids, especially those that aren't biologically his- provided he hasn't adopted them

 

[casa]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? Rhode Island

My wife's ex husband is trying to gain full custody of her four children, two out of the four are not biologicaly his but he has assumed responsiblity for all of them, my wife has been the primary caregiver to the children for the past nine years, he remarried and from the onset of his new marraige his wife has been attacking the childrens mother and what we feel mentally abusing the children, she even went as far as to tell the youngest daughter who is at the age of nine to ask her mother who such and such family is meaning the childs biological fathers family who she knows nothing of, she has told the children that a sister that stays with thier grandmother is not really thier sister and alot more worse things about the mother that are not true. I must tell you that his new wife is a preschool teacher and every alligation they have made in the court records as to why they are trying to gain custody are false and we are able to prove this. My questions are:

1. Can we file a no contact order against her until this proceeding is done?

2. If we can prove these alligations false are we able to file a deflomation of caracter lawsuit against them?

3. Does this violate her code of ethics as to being a teacher? and where would we go to file a complaint?

4. What are his chances of actually gaining custody when my wife has been the primary caregiver for all this time?

Courts hear every nasty allegation you can think of in custody disputes~ So, the court will disregard any allegation which the other parent cannot prove.

Since custody is established already~ The other parent will have to prove a Change of Circumstance per RI law, in order to convince the court to change custody.

The preschool teacher (new wife) won't be liable for slander because she will simply say she was stating her BELIEF/OPINION. Don't waste the amount of time and money it would take to pursue slander/defamation.

You can file a no-contact order, but unless you can prove harassment (again, per RI law) then you won't get it.

Most court orders address that neither parent should speak disparagingly about the other parent- but proving it is happening is difficult at best. If the child is being emotionally affected by this, get her in counseling. At age 9 she's old enough to be told the truth about her biological parent(s) either way.

You say the other parent 'took responsibility' for the 2 children that are not his...what does that mean? Did he legally adopt them? Did he file and establish via court order that he is the 'de facto' father? If he is not legally the father, then he has no standing to sue for custody of them.

 

[Dlgdabalm]

Thank you for your replies it really does mean alot.

 

[stealth2]

Were the children present during this "altercation"? https://forum.freeadvice.com/showthread.php?p=1167366#post1167366

 

[Dlgdabalm]

children present ?

No sir, the children were not present during this altercation they were with thier father, we try not even so much as argue in front of them we keep such matters away from them.