advice on situation

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crystaldawn68

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Facts:

husband and his 4 children were left by the wife. She left on the basis of needing to "Find herself".

Wife was caught being with another man who has been convicting for physical abuse against women and one count against a child, plus has been convicted for cocaine use and dealing.

Husband before the knowledge of the wife's husband made sure that the children saw here on regular basis.

Children remained with father in the family home they have reside at for 7 years.

Children led a normal existance as possible considering mom left.

Wife decides she made a mistake after 4 months of absence and started showing up at husband's house to take the kids and furniture. One night she showed up drunk with two friends and boyfriend. Boyfriend threatened husband, the two friends took a dvd player, cops were called and dvd player was returned and wife was warned. The Boyfriend and two friends left before cops showed up.

Husband received threatening calls from boyfriend through out the whole absence of wife from home. First bout of phone calls was under the basis that is was just friend, second bout of phone calls was as boyfriend, since wife confessed. Boyfriend threatened husband that he can do anything to children with out husband being able to do anything. Husband got order of protection against boyfriend for a year. Judge dropped order of protection after one week with out informing the husband until a least 3 weeks later.

Wife showed up at husband's residence after new year to take children in which husband would not allow due to a prior arrangement between the two that she would have them during christmas and him after christmas. He told the children to go into the house. Wife left and went to court house for an order of protection claiming that he was keeping the children hostage, he was unstable, and popping pills. Cops showed back up and took children away. Husband cannot talk to nor see his children until Jan 16th at a hearing about the order of protection. He will in the process miss his son's 5th birthday, the two older children do not want to be at the mom's house. And mom's boyfriend will be present.

My question is how can first the courts allow the children be plucked out of their environment based on trumped up charges by mother who not only abandoned them but also has a bad element, the boyfriend around?

The husband cannot affor to battle this and feels completely stripped of his rights. The police officer asked the children if he held them hostage and they denied that allegation. However, until the court date this man and his children are being subjected to their rights being taken away; however, the wife has all the rights.

Now the husband is being harrassed by the wife's mother. What can a person in these circumstances do. I feel the children are being used in this situation and their welfare is at stake; however, the law seems to not care.

Any advice on what to do?
 
He needs to find a way to hire an attorney and get the children returned to him. Also if the boyfriend has a record that shows abuse towards a child, he can ask that the boyfriend not ne present for any of the visits with mom.

Where there any actual court orders giving either parent temp. custody or visitation?

If the husband received threatening calls from the boyfriend did he file an RO?

Dad needs to go to court and prove that moms allegations were false, and that the boyfriend is a threat to the kids and needs to stay out of everything.

Honestly, if Dad would have filed an RO against the boyfriend some of this would not have occured.

He needs to find a way to get an attorney. Have him document and save everything that has happened between all parties.
 
He needs to find a way to hire an attorney and get the children returned to him. Also if the boyfriend has a record that shows abuse towards a child, he can ask that the boyfriend not ne present for any of the visits with mom.

Where there any actual court orders giving either parent temp. custody or visitation?

If the husband received threatening calls from the boyfriend did he file an RO?

Dad needs to go to court and prove that moms allegations were false, and that the boyfriend is a threat to the kids and needs to stay out of everything.

Honestly, if Dad would have filed an RO against the boyfriend some of this would not have occured.

He needs to find a way to get an attorney. Have him document and save everything that has happened between all parties.


Well he has an attorny who wants 5 grand to continue. My brother was a full time father and student while his wife was working. His wife wanted him to take care of the kids and finish his degree due to the fact she did not like him working the job he was at. So he quit and started school. So when she left, she left him with all the bills for the house and the responsibility of keeping his children clothed and fed. She, on the otherhand was making 50 grand a year, living with her boyfriend and not helping with any support for their children until he retained a lawyer, then she gave about 100 dollars a week for 4 children. So he was stuck in a hard place.

The courts here gave my brother an order of protection against the boyfriend based on the threats toward the children. I thought this was odd due to the fact, i thought you had to related or dating for an order of protection. However, the judge gave this to the father to keep the boyfriend away from him and his children. This was to be in effect for 1 year. however, it was dropped 7 days afterwards and my brother was never notified. Ironically when it was dropped his wife got an order of protection against based on she believed he was popping pills, keeping the kids hostage, and was unstable. The father went and got a drug test showing that he has been and is clean from any form of drugs, the cops asked the children if their father was forceable keeping them at the house and the kids denied that being true, and as for him being unstable....that is really hard to prove as being true. So basically the wife gave false allegations and the father after 4 months of having the children cannot see them nor talk to them based on her untruths. This is very hard to deal with. The two older kids are very upset about it and the two younger ones are confused. The mother has had her mother and brother call the father's house to harrass him and also the in laws house.

With out money, what is a father to do. He has it documented with welfare that she abandoned them in which he received some support from them. Head start has documented the fact, and the schools are aware of this fact. Yet, she was abled to waltz in after deserting her children to go out and party and date and get her children based on nothing than can even be proved. Meanwhile the father is absolutel sick to his stomache with worry and sadness of not being able to be around his children in any way. Is this not wrong. If the state is worried about the welfare of the children why then did they allow them to be plucked out of a normal existance in to a potentially damaging existance.

Is there not anywhere a man can get the same help a woman does to fight injustices.
 
He can call around to other attorney's or see if there is a fathers rights advocacy group that can help him. He probably does not qualify for legal aid.

It sounds like he needs to find some way to hire an attorney. Maybe he should find one that is willing to work with him more on payment. Also if he owns a house, its possible he can negotiate taking a loan out to pay the attorney after all is done.
 
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