rochaunwebb
Junior Member
What is the name of your state (only U.S. law)? california
this situation is very confusing so I'm going to try to explain as best as possible.
prior to this incident my husband has had his daughter 5-6 days out of the week throughout the night because the mother doesnt want to be bothered taking care of the child
my husband has a 2 year old daughter and her mother decided that she needed a break and left the baby with us for almost a month and had ongoing contact with me throughout the time next asking about the baby or asking to see the baby until the end of the month rolled around and she wanted 500.00 that he would give her regardless if the child was in her custody or not.
once he objected to giving her the 500 dollars the problems started they both got restraining orders against each other that have both been dismissed he filed a paternity case and an order to show cause and they have a hearing set for 5-13-09.
she has kept the child away changed her phone number provided my husband with the home number but never answers the phone or the emails he has sent. subjected him to a weekend schedule when he is off during the days and well capable of watching the baby
during the last visit on april 10, 2009 the baby got returned to us with 2 scabs on her legs and we photographed this incident and never thought anything of it. she has been previously making allegations that the child wasnt being watched in our custody
the issue that we are running into is that the childs mother has filed 2 false reports with the department of children and family services on march 26 and refused to cooperate with the social worker for almost a month and then finally disclosed our address and phone number april 21 first allegation was of sexual abuse saying that we exposed her to sexual conduct which is untrue and saying the child exhibited this behavior in her aunt and grandmothers custody. all the dates she provided in her declaration are incorrect because by the time she filed the first case on the 26th of march the child was already out of our custody for 19 days then she filed another physical abuse case against us on april 16 saying that we let a dog bite the baby.
the cases were closed because obviously she was lying and the social worker had even said she believed she was lying the childs mother has subjected this two year old child to several unneccessary physical exams or possible sexual abuse.
she still is holding the child with no contact refusal to respond besides the last email sent on the 24th saying that the social worker said to keep the child away until he was interviewed that was sent after the case was closed on the 23rd, and that there was nothing left to say.
we have since recieved a response to his order to show cause stating that she had no contact with us for weeks while she was taking her break that i had mentioned in the first paragraph easily disproved we have our cell phone bills and ongoing emails between her and i when i visibly tell her that she has been missing for weeks and goes on to say she is working a set schedule and provides an availability form as proof of that she then clearly admits to taking him off of the childs school records so he cant access them and lies and says shes been an active parent when she hasnt
she continues to make all these allegations that can easily be disproven how should he go about filing a response to her responsive declaration because its full of lies. she doesnt want to admit to the court that he has been the sole provider of this child for 2 years and she is doing everything in her power to alienate the child from him?
i just feel that as a parent myself and i believed my child was being exposed to such conduct i would inform the other parent and if i thought the other parent was capable of doing such things i wouldnt give the minor child to him at all for any amount of time and not have ongoing contact. since the filing of this false child abuse case we have had the child for 7 days and the mother made no contact and never called to check on her or provided us with an emergency contact number.
someone please give me some form of advice because right now we cant afford an attorney
in response to ohiogal
no i cant read minds thank you very much she has said it herself several times. that the child was a burden on her and she wishes the child was never born.
no one has custody of the child without formally establishing it in court. the declaration of paternity was signed but that doesn't give either one rights because they were unmarried.
she has given him time basically because she doesnt want the child
mom made the allegations after the child was out of our custody for 19 days so if the child ever exhibited this behavior she picked it up in her custody and the child is 2 as i previously stated.
she social worker said that if these allegations were true it shouldnt take a parent a month to cooperate with an investigation and the child was out of our custody for a substanial amount of time. i might legally be a stranger but i spend more time with the child then both of them together do. the case was unfounded based on ther mother coming up with all the same allegations we have already put on court record. unfortunately she started making allegations once my husband went after her for custody.
parental alienation is never in the childs best interest especially when the judge that will be presiding over the case has already told them to cooperate and if they cant she was going to base her decision out of the best interest of the child so if the court has already advised her she needs to cooperate with the parent who has always had primary custody of the child how is it within her right to say she has nothing left to say legally she cant hold the child without visitation the same rules apply until they go back to court he doesnt have to hand the child over to the mother. thats reality no she doesnt have to cooperate but its in her best interest too and he doesnt have to cooperate and give the child back but its in his best interest too and there is nothing that the police or the courts can do about it until there is a temporary order to decide custody.
if the mother contacts me 100 times a day and i answer 90 of her calls and text messages obviously im put in the middle if she rather speak to me then my husband. so regardless or not if i should be involved she involved me. she emailed me she called me she texted me she told me her intentions on using the child as a ploy to get more money so obviously that will be used against her in court.
the child is in speech therapy because she is severly delayed in speech she will be 3 this year and she is at the very least 6 months behind.
the first allegation that she made was we kept the baby away and she had no contact with us for 2 weeks easily disproven by a 300 page phone bill with text messages between her my husband and myself. inconsistency in paperwork on one set of papers she says that she dropped the child off at my mother in laws house after she read our statement she revised her statement and said that my husband picked the child up after she spent 5 hours with the mother and then she lied and said that she called the mother to make plans for her to watch the baby which is disproven once again with a phone bill
i mean clearly every one knows that california courts want to see the child having ongoing and frequent contact with both parents as ground one but if one parent is hiding the child and going out of her way to make sure he doesn't see the child until its convient for her it becomes a problem which is noticable and putting her through unneccessary exams even though the social worker advised her not to do it hopefully will make a difference. the mother does not watch the child she doesnt care for the child she has dumped the child on her aunt and grandmother and now that they are tired of watching the child she has once again started to make contact with us.
we have recorded conversation, we have emails all stating what i have mentioned already she does not want to deal with this child lying in a sworn declaration should damage her credibility and hopefully the judge will see through this
this situation is very confusing so I'm going to try to explain as best as possible.
prior to this incident my husband has had his daughter 5-6 days out of the week throughout the night because the mother doesnt want to be bothered taking care of the child
my husband has a 2 year old daughter and her mother decided that she needed a break and left the baby with us for almost a month and had ongoing contact with me throughout the time next asking about the baby or asking to see the baby until the end of the month rolled around and she wanted 500.00 that he would give her regardless if the child was in her custody or not.
once he objected to giving her the 500 dollars the problems started they both got restraining orders against each other that have both been dismissed he filed a paternity case and an order to show cause and they have a hearing set for 5-13-09.
she has kept the child away changed her phone number provided my husband with the home number but never answers the phone or the emails he has sent. subjected him to a weekend schedule when he is off during the days and well capable of watching the baby
during the last visit on april 10, 2009 the baby got returned to us with 2 scabs on her legs and we photographed this incident and never thought anything of it. she has been previously making allegations that the child wasnt being watched in our custody
the issue that we are running into is that the childs mother has filed 2 false reports with the department of children and family services on march 26 and refused to cooperate with the social worker for almost a month and then finally disclosed our address and phone number april 21 first allegation was of sexual abuse saying that we exposed her to sexual conduct which is untrue and saying the child exhibited this behavior in her aunt and grandmothers custody. all the dates she provided in her declaration are incorrect because by the time she filed the first case on the 26th of march the child was already out of our custody for 19 days then she filed another physical abuse case against us on april 16 saying that we let a dog bite the baby.
the cases were closed because obviously she was lying and the social worker had even said she believed she was lying the childs mother has subjected this two year old child to several unneccessary physical exams or possible sexual abuse.
she still is holding the child with no contact refusal to respond besides the last email sent on the 24th saying that the social worker said to keep the child away until he was interviewed that was sent after the case was closed on the 23rd, and that there was nothing left to say.
we have since recieved a response to his order to show cause stating that she had no contact with us for weeks while she was taking her break that i had mentioned in the first paragraph easily disproved we have our cell phone bills and ongoing emails between her and i when i visibly tell her that she has been missing for weeks and goes on to say she is working a set schedule and provides an availability form as proof of that she then clearly admits to taking him off of the childs school records so he cant access them and lies and says shes been an active parent when she hasnt
she continues to make all these allegations that can easily be disproven how should he go about filing a response to her responsive declaration because its full of lies. she doesnt want to admit to the court that he has been the sole provider of this child for 2 years and she is doing everything in her power to alienate the child from him?
i just feel that as a parent myself and i believed my child was being exposed to such conduct i would inform the other parent and if i thought the other parent was capable of doing such things i wouldnt give the minor child to him at all for any amount of time and not have ongoing contact. since the filing of this false child abuse case we have had the child for 7 days and the mother made no contact and never called to check on her or provided us with an emergency contact number.
someone please give me some form of advice because right now we cant afford an attorney
in response to ohiogal
no i cant read minds thank you very much she has said it herself several times. that the child was a burden on her and she wishes the child was never born.
no one has custody of the child without formally establishing it in court. the declaration of paternity was signed but that doesn't give either one rights because they were unmarried.
she has given him time basically because she doesnt want the child
mom made the allegations after the child was out of our custody for 19 days so if the child ever exhibited this behavior she picked it up in her custody and the child is 2 as i previously stated.
she social worker said that if these allegations were true it shouldnt take a parent a month to cooperate with an investigation and the child was out of our custody for a substanial amount of time. i might legally be a stranger but i spend more time with the child then both of them together do. the case was unfounded based on ther mother coming up with all the same allegations we have already put on court record. unfortunately she started making allegations once my husband went after her for custody.
parental alienation is never in the childs best interest especially when the judge that will be presiding over the case has already told them to cooperate and if they cant she was going to base her decision out of the best interest of the child so if the court has already advised her she needs to cooperate with the parent who has always had primary custody of the child how is it within her right to say she has nothing left to say legally she cant hold the child without visitation the same rules apply until they go back to court he doesnt have to hand the child over to the mother. thats reality no she doesnt have to cooperate but its in her best interest too and he doesnt have to cooperate and give the child back but its in his best interest too and there is nothing that the police or the courts can do about it until there is a temporary order to decide custody.
if the mother contacts me 100 times a day and i answer 90 of her calls and text messages obviously im put in the middle if she rather speak to me then my husband. so regardless or not if i should be involved she involved me. she emailed me she called me she texted me she told me her intentions on using the child as a ploy to get more money so obviously that will be used against her in court.
the child is in speech therapy because she is severly delayed in speech she will be 3 this year and she is at the very least 6 months behind.
the first allegation that she made was we kept the baby away and she had no contact with us for 2 weeks easily disproven by a 300 page phone bill with text messages between her my husband and myself. inconsistency in paperwork on one set of papers she says that she dropped the child off at my mother in laws house after she read our statement she revised her statement and said that my husband picked the child up after she spent 5 hours with the mother and then she lied and said that she called the mother to make plans for her to watch the baby which is disproven once again with a phone bill
i mean clearly every one knows that california courts want to see the child having ongoing and frequent contact with both parents as ground one but if one parent is hiding the child and going out of her way to make sure he doesn't see the child until its convient for her it becomes a problem which is noticable and putting her through unneccessary exams even though the social worker advised her not to do it hopefully will make a difference. the mother does not watch the child she doesnt care for the child she has dumped the child on her aunt and grandmother and now that they are tired of watching the child she has once again started to make contact with us.
we have recorded conversation, we have emails all stating what i have mentioned already she does not want to deal with this child lying in a sworn declaration should damage her credibility and hopefully the judge will see through this
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