forthekids217
Junior Member
What is the name of your state (only U.S. law)? Kansas
My husband and I have what we believe to be a very complex situation with the mother of my husband's children (7, 10). Before my husband and I met, he and the BM had paperwork notarized and entered into court that they had agreed on 50/50 physical custody of his two children. When we met and decided to get married two years later, he relocated approximately 2 hours from the kids so that we could build a better life. (small town, better jobs, more opportunity, etc) We have always wanted full custody of the kids, but were unable to afford an attorney and believed (at the time) that the kids were being taken care of. Since the kids were in school, we didn't want to push the 50/50 time with them and disrupt their education, so we began volutarily paying child support and only keeping them when they were out of school. In the last 2 years,the BM has become horrifically verbally abusive to my husband and myself (out of the blue with nothing to provoke her). She repeatedly harasses us after our visitations, makes threats to our well being and threatens "you will never see the kids again". We have become aware that she is using other people's prescriptions (adderall, pain killers) and just recently our 10 year old told us about her marijuana use (he described the pipe with detail, stated that he had seen her put the "green stuff" into it, described what she kept her stash in, etc). We discovered that she smoked daily, sometimes more than once a day, and that she smoked while her daycare kids were napping (she just stopped running a daycare a few weeks ago). My 7 year old SD who should be going into 2nd grade almost got put back into kindergarden, cannot read, and is sadly behind because she spends most of her time being ignored. My 10 year old SS recently informed me of an instance where when BM and her BF picked him up she started asking him questions about his visit and he replied that he didn't know and she proceeded to reach over the car seat from the front and smacked him on his side and face repeatedly. There were no bruises apparent when he told me of this, but more than a week had passed since the event. I recently discovered that BM has a history of mental illness and violent outbursts toward a wide variety of people including another 18 year old step son of mine who used to live with her years ago. HE told me of how she got upset with him and she and her other son began kicking him in the head repeatedly. A little over a week ago, I reported all of this information to DCF. I have saved the text messages and voicemails that contain all of the threats and document her refusal to allow us to pick up the kids. I have yet to hear anything from DCF about the matter (they told me they would contact me with the results of their investigation). We have been trying to call and text our 10 year old on his cell phone and the calls go straight to voicemail and there are no responses to the texts. Any contact we make with the BM results in namecalling and verbal abuse or no response at all. They have recently relocated into an apartment community that is worse than anything I have even seen on TV, and she, her BF, her 14 year old son, our 10 year old son, her BF's 8 year old daughter and our 7 year old daughter are all living in a small 2 bedroom. My Questions:
What are our options as far as obtaining custody and enforcing our parenting time with the kids without hiring an attorney (we have applied to legal aid and are concerned that we may not qualify)
Do you think that DCF would be required to investigate and drug test the BM given the info I provided?
What steps do you recommend that we take next?
My husband and I have what we believe to be a very complex situation with the mother of my husband's children (7, 10). Before my husband and I met, he and the BM had paperwork notarized and entered into court that they had agreed on 50/50 physical custody of his two children. When we met and decided to get married two years later, he relocated approximately 2 hours from the kids so that we could build a better life. (small town, better jobs, more opportunity, etc) We have always wanted full custody of the kids, but were unable to afford an attorney and believed (at the time) that the kids were being taken care of. Since the kids were in school, we didn't want to push the 50/50 time with them and disrupt their education, so we began volutarily paying child support and only keeping them when they were out of school. In the last 2 years,the BM has become horrifically verbally abusive to my husband and myself (out of the blue with nothing to provoke her). She repeatedly harasses us after our visitations, makes threats to our well being and threatens "you will never see the kids again". We have become aware that she is using other people's prescriptions (adderall, pain killers) and just recently our 10 year old told us about her marijuana use (he described the pipe with detail, stated that he had seen her put the "green stuff" into it, described what she kept her stash in, etc). We discovered that she smoked daily, sometimes more than once a day, and that she smoked while her daycare kids were napping (she just stopped running a daycare a few weeks ago). My 7 year old SD who should be going into 2nd grade almost got put back into kindergarden, cannot read, and is sadly behind because she spends most of her time being ignored. My 10 year old SS recently informed me of an instance where when BM and her BF picked him up she started asking him questions about his visit and he replied that he didn't know and she proceeded to reach over the car seat from the front and smacked him on his side and face repeatedly. There were no bruises apparent when he told me of this, but more than a week had passed since the event. I recently discovered that BM has a history of mental illness and violent outbursts toward a wide variety of people including another 18 year old step son of mine who used to live with her years ago. HE told me of how she got upset with him and she and her other son began kicking him in the head repeatedly. A little over a week ago, I reported all of this information to DCF. I have saved the text messages and voicemails that contain all of the threats and document her refusal to allow us to pick up the kids. I have yet to hear anything from DCF about the matter (they told me they would contact me with the results of their investigation). We have been trying to call and text our 10 year old on his cell phone and the calls go straight to voicemail and there are no responses to the texts. Any contact we make with the BM results in namecalling and verbal abuse or no response at all. They have recently relocated into an apartment community that is worse than anything I have even seen on TV, and she, her BF, her 14 year old son, our 10 year old son, her BF's 8 year old daughter and our 7 year old daughter are all living in a small 2 bedroom. My Questions:
What are our options as far as obtaining custody and enforcing our parenting time with the kids without hiring an attorney (we have applied to legal aid and are concerned that we may not qualify)
Do you think that DCF would be required to investigate and drug test the BM given the info I provided?
What steps do you recommend that we take next?