• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Interesting Situation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

KKHeuser

Member
What is the name of your state? Oh

A friend of the family and his wife divorced in 1998 they had two children together. He was distraught by the failure of his marriage and turned to alcohol and drugs. He exercised his visitation and paid his child support. The children are his whole world and afraid of losing his visitation, did nothing in their presence that would harm them in anyway (drinking, drugs, have questionable people over) during these visits. A year later, he made a huge mistake while severely intoxicated and landed in prison for a year and a half. He'd turned himself in and pled guilty to the charges. The day he got out he got help for the alcohol and drugs and has been clean ever since. He's not had so much as a speeding ticket since either. However, in 2001 after he was no longer able to work through the parole program (he was released) he found himself unable to find work and homeless. He still went to see his children when ex allowed him and sold whatever he could to buy the children needed things. So, while he looked for work his child support got backed up. He did work for temporary agencies but, what little he made didn't make a dent in the months he'd been without work and when the temp places didn't have work for him he'd end up owing another month. In 2003 he made a friend who allowed him to move in with him rent free until he found a permanent job and could afford to share in the expenses. He found a job and began paying child support regularly. He's now married again and they have a nice apartment. That's the background, now here's the situation. All this past year, he and his wife have had to battle head lice constantly when the children come over. His daughter has come to them with bruises on her legs and his ex has admitted to him that she allowed his 13 year old son to drink a shot of Black Velvet (whiskey I think) in memory of his grandmother who passed two years ago. His son is also showing violent tendencies towards his sister and step mother. There is clear evidence of neglect and abuse on his ex's part and he wants to seek custody. When confronted by the son's irratic behavior, ex brushes it off saying "oh he's just being himself". Question, now that the father's life has stablized and he is honoring his obligation by paying his child support and exercising his visitation constantly what is the likelihood that he will be able to obtain custody even still owing a bit of back child support? Before you ask, yes there is proof. He's kept receipts and empty lice shampoo bottles from the treatments, taken pictures of daughters bruises and recorded every incident in a journal including things his ex tells him she's done and calls from her telling him with children in background to come and get his kids she's sick of them. He also has a letter she wrote to him while he was in prison telling him that she was going to put the son up for adoption. His mother also gave him a copy of a video lent to her by ex wife of the children on Easter, ex wife's boyfriend is on tape telling son how fat he is and that he doesn't need anything else to eat because he'll break the kitchen chairs. Do you think that a judge will be willing to look at the progress father has made as opposed to past transgressions and allow him custody?
 


KKHeuser

Member
Smarty Panties said:
What was he in prison for? Violent crime?
Technically, it is considered violent though no one was injured. Arson. Tried to light a fire inside an abandoned barn to keep warm ended up burning it down.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top