DadsRParentz2
New Member
I have been fighting my ex-wife for custody of our children since 1999. As of Sep 2006, we stipulated post 2004 decree that I would have full physical and joint legal custody of our 3 minor children. We stipulated that it was in the best interest of our children that neither of us would cohabitate or have significant others around children during our visitations. This was post her new husband physically abusing her in front of our children and our children complaining that he was yelling at them and grabbing them. From Sep 2006 to April 2007, Mom abandoned the kids and would not take her visitations and would call sporadically or not at all. I filed for modifcation of decree claiming Mom was not parenting. All 3 of our children are in therapy with psychologist who wrote letter in Oct 2006 that Mom should have supervised and/or therapeutic visitation with children. Judge would not let me enter letter from psychologist at initial hearing because she was not present for cross exam. I was doing this pro se at the time. Come Apr 2007, we both are lawyered and we finally go to trial. Mom comes in an claims that I DENIED her visitation, but on cross cannot name one date, give one time that the denial occurred. Mom admits not coming for the kids, but blames me. Mom by the way cohabitating with her new husband's brother (husband had to move out - draw the inferences you may). Remember stip says we cannot cohabitate. She admits cohabitating, she admits she is not a good role model. I admit that when Mom "would" show up. She would show up at her convenience. For example...visitation to occur on Sunday....Mom comes on Tuesday demanding children. At that time, decree says if you are 30 minutes late, it is considered waiver of visitation. I tell court that is the only time that I would tell Mom no. Children's therapist testifies that it is in children's best interest that I be custodial parent. Her attorney tries to say I am in contempt for not paying child support. In 2004 decree, I am ordered to pay back child support of nearly 9K out the door. I have letter from Child Support Enforcement (CSE) that I am in compliance with child support order as of Sep 2007. This trial took place in two separate hearings in about 65 days...July - Sep 2007. Final determination = I am found in contempt of court for child support. I have custody taken from me and it is given to Mom. Judge says that I "stalked" my ex-wife to obtain "evidence" against her. I took pictures of her car parked outside of her husband's brother house to prove she was living there. I put those into evidence. Also, though neither of us prayed for this relief, Judge removes cohabitation and significant other paragraphs from order (otherwise Mom would still be in contempt). I am told that I denied Mom custody and hampered her custodial rights. If I pay for appeal, it will cost nearly 10K (that I don't have). Any normal person would read the evidence and say ????? what was the judge thinking. I am shell shocked and scared to spend anymore money. And did I mention that this is a bi-racial relationship and taking place in a rural area??? Please give me your best advice on appeal issues. The final piece, I have videotape of when Mom claimed she was at my home (and was not anywhere near it) claiming I was denying her visitation and I was on phone with her sister and she was lying. I did not introduce as evidence at time of trial. (Yes that was dumb!) Anything I can do to present that to the court at new trial hearing? Thanks in advance!
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