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Fat chance in hell?

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Isiah

Member
What is the name of your state? Good Ole' Minnesota


My husband had a custody hearing on September 13, 2005. He is the one that filed. WE had a third party deliver the paper work to the ex, to which, she assaulted this person. We were able to get the public cover sheet the crime was aggravated assault with other weapon. It being a waepon because before tthe ex punched the third party, she slameed her leg in the car door she was getting into. We also video taped this incident. The reason for video taping was the ex was going to run to Indiana and we wanted some sort of proof that she received tha paper work. The Saint Paul homicide unit has the video tape and it is still under investistigation. It's only been about a week and a half since this incident. We were able to get the cover sheet of the police report and affidavits in the third party that was assaulted and myself. Saying what happened. We turned that in to the judge and served the ex(through the mail this time) about the incident.NOW ON WITH MY QUESTION...My husband is going to ask for temp custody. Due to this incident and the fact that my husband has wrote her over the last ten months trying to get his court-ordered visitation. She is also using drugs and drinking again. She also has mental issues. She made their son get on the phone and tell my husband that he never want to see him or talk to him again.She also hasn't had a stable place to live. Since the last custodt trail(two years ago) she's been evicted 4 times and since the paper work was served to her a week or so ago she's moved again. OK...IS THERE A FAT CHANCE IN HELL HE WILL GET TEMP CUSTODY? We have proof of EVERYTHING. Sorry so long. Thanks for any help.
 


LdiJ

Senior Member
stealth2 said:
Maybe, maybe not. It depends on what the proof is, and what the judge thinks of it.
There is also the question of how the process server's leg even got in the door to get it slammed by the door. This may be a case where the prosecutor chooses not to charge mom.
 

Isiah

Member
The police said it was in the homicide unit because of the use of a weapon, car door. Also the mall of america is great.
 

casa

Senior Member
Isiah said:
What is the name of your state? Good Ole' Minnesota


My husband had a custody hearing on September 13, 2005. He is the one that filed. WE had a third party deliver the paper work to the ex, to which, she assaulted this person. We were able to get the public cover sheet the crime was aggravated assault with other weapon. It being a waepon because before tthe ex punched the third party, she slameed her leg in the car door she was getting into. We also video taped this incident. The reason for video taping was the ex was going to run to Indiana and we wanted some sort of proof that she received tha paper work. The Saint Paul homicide unit has the video tape and it is still under investistigation. It's only been about a week and a half since this incident. We were able to get the cover sheet of the police report and affidavits in the third party that was assaulted and myself. Saying what happened. We turned that in to the judge and served the ex(through the mail this time) about the incident.NOW ON WITH MY QUESTION...My husband is going to ask for temp custody. Due to this incident and the fact that my husband has wrote her over the last ten months trying to get his court-ordered visitation. She is also using drugs and drinking again. She also has mental issues. She made their son get on the phone and tell my husband that he never want to see him or talk to him again.She also hasn't had a stable place to live. Since the last custodt trail(two years ago) she's been evicted 4 times and since the paper work was served to her a week or so ago she's moved again. OK...IS THERE A FAT CHANCE IN HELL HE WILL GET TEMP CUSTODY? We have proof of EVERYTHING. Sorry so long. Thanks for any help.
Problem is the father should show up for visitation per the court order- If he is denied his visitation, he needs to call the police and file a report. Take that report to court and file contempt charges against the mother. He needs to do this EVERY SINGLE TIME he is denied his court ordered visitation. The mother will face fines, jail time and loss of custody altogether- at first she'll likely get a warning, but a pattern will be followed. Then the father will have cause to file change in custody.

Meanwhile, what evidence do you have that the mother is drinking or using drugs? Unless you have solid proof those allegations won't mean much in court.

Look into your state's Change of Circumstance guideline in Family Law Code and see if the situation meets those requirements. Otherwise encourage the father to start his visitations per the court order and file police reports if he is denied. He needs a paper trail and you need documented evidence.
 

LdiJ

Senior Member
Isiah said:
The police said it was in the homicide unit because of the use of a weapon, car door. Also the mall of america is great.
Sounds to me like the police were "stretching" things a bit. I would be really surprized if it goes that far. I can also think of no way that the process server's leg could be in a position to get slammed in the door unless the process server deliberately tried to stop her leaving. I can see an attorney poking all kinds of holes in any case that a DA might attempt to put forth.

Shoot, all mom would have to say is that she was attempting to shut her car door and the process server stuck his/her leg in the way.

Let me tell you a story....

A woman I know was at home one day, and she didn't have her front door locked. A process server walked right into her home without even knocking.
She had no idea who the guy was (fyi, it was a civil case, not family law) and she ran into her bedroom and got her husband's gun (unloaded) and chased the process server out of her house.

She got arrested...and the DA declined to press charges. She didn't even find out it was a process server until she got arrested. The police tried to put it down as attempted murder....because the process server was a cop's husband.

So don't assume that this is going to automatically go anywhere.....I am not saying that it automatically won't go anywhere either....just that hopefully you have more hard evidence than this incident.
 

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