mommyofmany27
Member
What is the name of your state (only U.S. law)? Texas
I don't even know where to start there is so much information (some might even consider this my own personal novella), so please bear with me!
I share two daughters with my ex-husband. The oldest is seven and the youngest is three. We were divorced in April of 2008. We have JMC and I am the CP with him having standard visitation. In June 2008 he left for Iraq and while he was gone he called three times to speak with the girls. In March of 2009 he came home for his midtour leave and spent a total of 16 hours with the kids. However, I didn't try to push the issue. I tried to be sensitive to the fact that he was probably completely exhausted and let him know that the girls would be available whenever he wanted to see them and that I wouldn't just stick it to him by only giving him visitation based on what the decree said.
May 2009 he finally returned home from Iraq after his tour was complete. He started visiting the girls in June, but visits have not been consistent. Since June he has had them a total of 5 1/2 weekends, (the half is from him picking up Saturday afternoon instead of Fri at 6)a handfull of Thursday visits and chose not to exercise his extended summer visit with them. (I actually have all of this written down in a calendar)
When we were divorced our decree clearly states that he is to provide me with a military ID for the girls so that I can take them to the dr.. He left for Iraq without doing so. I asked him on his midtour leave and he told me that he had called Tricare and they said they don't issue them to children under 13. Once he got back from Iraq I kept asking. I have been persistent because my children not only deserve the medical coverage, they are legally entitled to it. Finally, I had had enough of it. Playing nice wasn't working for me and it certainly was not beneficial to my kids. I warned him that if he did not provide me with ID's for them that I would contact his chain of command. He then told me he didn't have to do anything so I did exactly what I said. Less than 24 hours after contacting his chain of command I had their ID's in hand. I realize me calling his 1st sgt probably really ticked him off, but this isn't about him or me.
Anyway, to make a long story as short as possible things have progressively gone further and further downhill. But my biggest concern isn't his attitude towards me, I'm very concerned about the safety of my children. My oldest daughter came home the first weekend of October saying that she never wanted to go back because my ex-husband and his girlfriend were mean to her. Although I didn't pry I probably should have but I didn't want to do to my girls what my divorced parents did to my sisters and myself. No matter how much I dislike this man I have done my best to remain cordial and make this about the girls.
On the 14th of November my ex-husband and his girlfriend began to text and call me about wanting me to give them the girls for the weekend so that my ex-husband could get out of work (which is what the text messages and voicemails say). The second weekend is not his weekend and I chose not to respond. He had not picked them up in a month and was only wanting to do so in order to avoid work. It really urked me, but I remained calm and ignored it. Then my ex-husband sent me one last condescending message and I picked up the phone and again called his 1st sgt and asked him to please ask my ex-husband to leave me alone and told him what he was attempting to do. I started looking around on Facebook and found his girlfriends page where she states, and I quote, "Wish murder was legal...at least under "special circumstances"" and at that point my name was not mentioned. However, once her friends started inquiring about what was going on her response was, "its a long story but baby mama drama." Seeing that I'm the only person he has children with it can only be about me. That set off some huge red flags for me. I looked around and found his myspace and how he describes himself is truly remarkable. It is completely sick and twisted. I started piecing things together...like why did my 3 year old come home flinching after her last visit, how did my 3 years old suddenly go from being potty trained to not potty trained (her potty training was complete in September, no accidents, no pull ups except at night. he didn't pick them up for a single overnight visit in September, but had them the 1st and 3rd weekend in October and magically she refuses to put on underwear or go to the potty after the visits), I started to wonder why she developed a huge fear of dark and semi dark rooms this summer as well as having nightmares every night and ending up in my room. The more I thought about things the more things seemed to stack up against his parenting ability and the things I mentioned are just the tip of the iceburg.
I simply asked my seven year old why she said she never wanted to go back to his house and there came a huge list. Things like how in the summer their house was so hot because he wouldn't run the AC in the house or car (we live in Texas!), he spanks them so hard he leaves red marks, they are being left unsupervised in the bathtub (though my 7 year old can take a shower without help theyre putting them in the tub together and expecting my 7 year old to make sure everything is ok), his girlfriend is spanking my youngest (which is a violation of our state statute), the main form of punishment for my three year old regardless of what she does is for my ex to either pop or flick her in the mouth (which totally explains her flinching when I tried to give her a high five which we routinely do in our home), the list just kept getting bigger, but the MOST alarming to me was when my seven year old told me that once at naptime when she wasn't sleeping my ex came into the room and laid on top of her, held her down with his hands on her shoulders and then made her get up to get a spanking and that he had done the same thing to my three year old when she was screaming later that night at bedtime but minus the spanking and when my oldest said that she was going to tell me he said, "no, dont." I asked her to show me what she meant because the last thing I wanted to do was to call CPS and make false allegations if he was actually laying next to them. She demonstrated and sure enough she was not confused about what happened. I immediately called CPS and made a report. I did deny him his visitation last weekend because I'd rather a judge come down hard on me for protecting my children than for my children to be put back into that situation. He was supposed to have visitation for Thanksgiving that started yesterday but he didn't show up and I didn't plan on giving them to him.
I had an appointment with an attorney on Monday. He submitted the paperwork to get an ex parte order however the judge did not sign off on it because (what my attorney told me) A. the claims are being made by a small child and B. she doesn't feel comfortable signing an order that would deny him an extended visitation. We have a court date set for next week to present our case for getting a restraining order or protective order...from what I understand in Texas it's the same thing (?). The case worker from CPS came out today and she too is the most concerned about him laying on top of the girls and said that the other things sound like he needs basically a "good talking to" about fixing the behavior if he wants to continue a relationship with them.
Here are my concerns: My daughter has said that the reason she never told me anything was that because she was afraid he was going to be mad at her. I understand why she feels that way and although I've tried to put on a happy face for my girls I'm deathly afraid of what the backlash is going to be from him. My attorney is wanting to submit an order to confer and I know that would mean that it would be just my seven year old daughter and the judge in closed chambers but I don't want to put my baby through that...I don't think any parent wants to have to put their child in that situation unless there is no other way around it. My attorney says that I need people to testify about "first hand knowledge" but I'm unsure how that would happen since everything that has been said has been by my daughter and I thought when someone goes to court and says "so and so told me this" it becomes hearsay. Am I correct?
My ex is a fantastic liar and manipulator. We divorced for many reasons, but the last straw came when he left bruises on me during a fight, told me he was going to shoot me and then I found an email where he was inquiring about how he would go about obtaining a fire arm in Texas with an out of state license. I reported him, pictures were taken of my bruises, I supplied the email to back up my statements, the Army put out a temporary restraining order on him until a committee could come together and rule on the case (an Army committee) and he lied his way out of it along with violating the order over and over and over. I'm afraid he's going to do it again, especially since there's no actual physical proof of what he did.
I am absolutely heartbroken that my babies suffered an ounce of pain because this man cannot control himself or his anger. I truly wanted to believe that he could separate his hatred for me from the relationship with the girls. I need help. I need to be able to present the best case possible to protect these sweet little girls. Please, please, please help me!
I don't even know where to start there is so much information (some might even consider this my own personal novella), so please bear with me!
I share two daughters with my ex-husband. The oldest is seven and the youngest is three. We were divorced in April of 2008. We have JMC and I am the CP with him having standard visitation. In June 2008 he left for Iraq and while he was gone he called three times to speak with the girls. In March of 2009 he came home for his midtour leave and spent a total of 16 hours with the kids. However, I didn't try to push the issue. I tried to be sensitive to the fact that he was probably completely exhausted and let him know that the girls would be available whenever he wanted to see them and that I wouldn't just stick it to him by only giving him visitation based on what the decree said.
May 2009 he finally returned home from Iraq after his tour was complete. He started visiting the girls in June, but visits have not been consistent. Since June he has had them a total of 5 1/2 weekends, (the half is from him picking up Saturday afternoon instead of Fri at 6)a handfull of Thursday visits and chose not to exercise his extended summer visit with them. (I actually have all of this written down in a calendar)
When we were divorced our decree clearly states that he is to provide me with a military ID for the girls so that I can take them to the dr.. He left for Iraq without doing so. I asked him on his midtour leave and he told me that he had called Tricare and they said they don't issue them to children under 13. Once he got back from Iraq I kept asking. I have been persistent because my children not only deserve the medical coverage, they are legally entitled to it. Finally, I had had enough of it. Playing nice wasn't working for me and it certainly was not beneficial to my kids. I warned him that if he did not provide me with ID's for them that I would contact his chain of command. He then told me he didn't have to do anything so I did exactly what I said. Less than 24 hours after contacting his chain of command I had their ID's in hand. I realize me calling his 1st sgt probably really ticked him off, but this isn't about him or me.
Anyway, to make a long story as short as possible things have progressively gone further and further downhill. But my biggest concern isn't his attitude towards me, I'm very concerned about the safety of my children. My oldest daughter came home the first weekend of October saying that she never wanted to go back because my ex-husband and his girlfriend were mean to her. Although I didn't pry I probably should have but I didn't want to do to my girls what my divorced parents did to my sisters and myself. No matter how much I dislike this man I have done my best to remain cordial and make this about the girls.
On the 14th of November my ex-husband and his girlfriend began to text and call me about wanting me to give them the girls for the weekend so that my ex-husband could get out of work (which is what the text messages and voicemails say). The second weekend is not his weekend and I chose not to respond. He had not picked them up in a month and was only wanting to do so in order to avoid work. It really urked me, but I remained calm and ignored it. Then my ex-husband sent me one last condescending message and I picked up the phone and again called his 1st sgt and asked him to please ask my ex-husband to leave me alone and told him what he was attempting to do. I started looking around on Facebook and found his girlfriends page where she states, and I quote, "Wish murder was legal...at least under "special circumstances"" and at that point my name was not mentioned. However, once her friends started inquiring about what was going on her response was, "its a long story but baby mama drama." Seeing that I'm the only person he has children with it can only be about me. That set off some huge red flags for me. I looked around and found his myspace and how he describes himself is truly remarkable. It is completely sick and twisted. I started piecing things together...like why did my 3 year old come home flinching after her last visit, how did my 3 years old suddenly go from being potty trained to not potty trained (her potty training was complete in September, no accidents, no pull ups except at night. he didn't pick them up for a single overnight visit in September, but had them the 1st and 3rd weekend in October and magically she refuses to put on underwear or go to the potty after the visits), I started to wonder why she developed a huge fear of dark and semi dark rooms this summer as well as having nightmares every night and ending up in my room. The more I thought about things the more things seemed to stack up against his parenting ability and the things I mentioned are just the tip of the iceburg.
I simply asked my seven year old why she said she never wanted to go back to his house and there came a huge list. Things like how in the summer their house was so hot because he wouldn't run the AC in the house or car (we live in Texas!), he spanks them so hard he leaves red marks, they are being left unsupervised in the bathtub (though my 7 year old can take a shower without help theyre putting them in the tub together and expecting my 7 year old to make sure everything is ok), his girlfriend is spanking my youngest (which is a violation of our state statute), the main form of punishment for my three year old regardless of what she does is for my ex to either pop or flick her in the mouth (which totally explains her flinching when I tried to give her a high five which we routinely do in our home), the list just kept getting bigger, but the MOST alarming to me was when my seven year old told me that once at naptime when she wasn't sleeping my ex came into the room and laid on top of her, held her down with his hands on her shoulders and then made her get up to get a spanking and that he had done the same thing to my three year old when she was screaming later that night at bedtime but minus the spanking and when my oldest said that she was going to tell me he said, "no, dont." I asked her to show me what she meant because the last thing I wanted to do was to call CPS and make false allegations if he was actually laying next to them. She demonstrated and sure enough she was not confused about what happened. I immediately called CPS and made a report. I did deny him his visitation last weekend because I'd rather a judge come down hard on me for protecting my children than for my children to be put back into that situation. He was supposed to have visitation for Thanksgiving that started yesterday but he didn't show up and I didn't plan on giving them to him.
I had an appointment with an attorney on Monday. He submitted the paperwork to get an ex parte order however the judge did not sign off on it because (what my attorney told me) A. the claims are being made by a small child and B. she doesn't feel comfortable signing an order that would deny him an extended visitation. We have a court date set for next week to present our case for getting a restraining order or protective order...from what I understand in Texas it's the same thing (?). The case worker from CPS came out today and she too is the most concerned about him laying on top of the girls and said that the other things sound like he needs basically a "good talking to" about fixing the behavior if he wants to continue a relationship with them.
Here are my concerns: My daughter has said that the reason she never told me anything was that because she was afraid he was going to be mad at her. I understand why she feels that way and although I've tried to put on a happy face for my girls I'm deathly afraid of what the backlash is going to be from him. My attorney is wanting to submit an order to confer and I know that would mean that it would be just my seven year old daughter and the judge in closed chambers but I don't want to put my baby through that...I don't think any parent wants to have to put their child in that situation unless there is no other way around it. My attorney says that I need people to testify about "first hand knowledge" but I'm unsure how that would happen since everything that has been said has been by my daughter and I thought when someone goes to court and says "so and so told me this" it becomes hearsay. Am I correct?
My ex is a fantastic liar and manipulator. We divorced for many reasons, but the last straw came when he left bruises on me during a fight, told me he was going to shoot me and then I found an email where he was inquiring about how he would go about obtaining a fire arm in Texas with an out of state license. I reported him, pictures were taken of my bruises, I supplied the email to back up my statements, the Army put out a temporary restraining order on him until a committee could come together and rule on the case (an Army committee) and he lied his way out of it along with violating the order over and over and over. I'm afraid he's going to do it again, especially since there's no actual physical proof of what he did.
I am absolutely heartbroken that my babies suffered an ounce of pain because this man cannot control himself or his anger. I truly wanted to believe that he could separate his hatred for me from the relationship with the girls. I need help. I need to be able to present the best case possible to protect these sweet little girls. Please, please, please help me!