Father taking me to court..need advice/help!

[mom2three]

What is the name of your state? Ohio, but in Kentucky juridiction

I have sole custody of my 11 y/o son. He visits his father every weekend. My son, lately, has been rebelling against my rules so now he says he wants to live with his dad. But then when he has a good week at my house, he says he wants to live with me.

The father filed a motion against me saying all types of terrible things...like I abuse him, which is NOT true! The one thing he does have against me is that I am a recovering addict (9 months clean on the 18th). I was charged November of 2003 with calling in my own prescriptions, and was placed in a program to get help, rather than get convicted. I spent time in a residential treatment center, am out, and am doing better than ever.

I have been completely honest with the father about all of this since the get-go, and the father has consistently told me that he's proud of me for doing so well, that everyone makes mistakes, and he will NEVER hold this against me.

So, what happens when I said no to my son living with him? The father is now using this against me. My lawyer's defense is going to be: If the mother is so "dangerous" to the child, then why are you bringing this up now? Why didn't you do something when this all happened?

I am very worried Any words of advice? Or experience in this?

Thanks

 

[casa]

What is the name of your state? Ohio, but in Kentucky juridiction

I have sole custody of my 11 y/o son. He visits his father every weekend. My son, lately, has been rebelling against my rules so now he says he wants to live with his dad. But then when he has a good week at my house, he says he wants to live with me.

The father filed a motion against me saying all types of terrible things...like I abuse him, which is NOT true! The one thing he does have against me is that I am a recovering addict (9 months clean on the 18th). I was charged November of 2003 with calling in my own prescriptions, and was placed in a program to get help, rather than get convicted. I spent time in a residential treatment center, am out, and am doing better than ever.

I have been completely honest with the father about all of this since the get-go, and the father has consistently told me that he's proud of me for doing so well, that everyone makes mistakes, and he will NEVER hold this against me.

So, what happens when I said no to my son living with him? The father is now using this against me. My lawyer's defense is going to be: If the mother is so "dangerous" to the child, then why are you bringing this up now? Why didn't you do something when this all happened?

I am very worried Any words of advice? Or experience in this?

Thanks

Your lawyer is correct. The time for Dad to 'use' it against you, was when/if he thought you were a danger to the child. It's now 9 months later and he suddenly is concerned? It likely won't fly in court.

You still want to protect yourself via documentation. Affidavits from neighbors, school, family who have witnessed your son being cared for regardless during and after your treatment. Also any affidavits that you attend ongoing support groups/meetings for your addiction.

You son sounds like a typical 11 yr old. If he thinks he can play either of you against one another- he probably will. Just remain consistent at home and don't feed into anything the son says about the father- If the son brings up issues, say you will discuss things directly with his father and he doesn't need to worry about it- that the adults will work out what is best. End of subject.

 

[mom2three]

Thank You!