Court gives custody to abuser - Surprise!

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Fugitive

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My jurisdiction is: Maryland

Hi.

My daughter is 7. I left her father in the Fall of 04. He was verbally & emotionally abusive to me. For the first 6+ mths she lived with me & he came & took her when he wanted to (just like that). I was back to work after 2+ yrs & didn't have much of anything. Any request for help from him was met with threats – He'd take her away. I was still recovering from the trauma of his treatment (still being treated like crap)& hadn't even realized that it was in fact abuse. I thought he was just mean & controlling. I reluctantly entered into a 2 week/2 week joint agreement that we continued for the next 2 years. I moved 20 miles away but decided (by myself) that I would keep her enrolled in her daycare & make the drive until she started school. As time went on & I got my life back together & got reacquainted with & married an old friend. I began my recovery.

My daughter's transitions from one house to the other were upsetting & stressful. I was tired of her father doing whatever, whenever he liked. Changing the holiday & time "rules" to serve his desires. Kindergarten was approaching & the school in my neighborhood is one of the best in the state. I prepared my argument with reports, charts & graphs – he didn't look at one thing! He refused – he wanted it his way. I filed for custody to get into mediation; he counter-filed accusing me of being unfit (he asked for sole legal & physical). The emergency hearing placed her in his Kindergarten since it was in the original town.

We went to court in Winter 08, my lawyer did nothing to prepare me or my family for what was going to happen. She did not address the issues that I felt really mattered. His family, as expected, lied with & for him. I sat there helpless as the judge ruled for joint legal custody then gave my Ex primary physical custody. I was given every other weekend & Monday dinners.

My daughter hates it. She tells me that she cries at night. She has given up asking to call me because the answer is always, no. She will only return my calls…sometimes. He will call & leave nasty messages if his calls are not returned right away – I can't get her to call him.

The judge's ruling was based on two things; his wife (married 3 mths before the hearing) has a son the same age as my daughter – so he considered them siblings (the judge even accused me of not caring about that relationship) & Ex's family is bigger & lives closer.

I had a breakdown & was in the hospital for 3 days. I still have flashbacks & nightmares. He has NEVER talked to my daughter about any of this. She is afraid to tell him that she is unhappy. She is doing ok in school but not as well as she should be doing. How would the school know, she's been living this arrangement almost since she started.

I'm out of money, suffering & scared for her. I've been waiting…waiting until I can file for a modification. Even then it's a long shot. A lot of the "material changes in circumstance" are ongoing issues that were never brought up in court. Mostly financial stuff; illegal employment, taxes, illegally doing business, fraud, hiding assets – Did I tell you that he is being sued by his lawyer? The one who helped him & the court rape me? $22K. That is in addition to back taxes, other financial judgments as well as MVA stuff.

He is illegal all around – that's all I have that isn't "hearsay", things that my daughter tells me.

I'm on my own here & I need to make something happen soon. The nightmares are back & the depression is crushing. She needs to be safe, she deserves to be happy. He tells people that he has "full custody" & who knows what other lies.

What can I do?
 
So does anyone know if his inability to prove legitimate income will help me to be granted a custody modification??

I had suspected but my daughter just informed me that she saw daddy smoking & found his cigarettes in the freezer. He didn't smoke when we were together. My Dad died of lung cancer. I won't allow it. My daughter has allergies & just had her 1st ear infection. I'm worried that the smoking is exacerbating these things?

Her teeth are horrible. 5 cavities in the last year & it's getting harder & harder to get her to correctly brush her teeth. I've banned all sugary things but she doesn't seem to care. She hates to brush.

I've always been concerned about her emotional health but now I'm concerned about her physical health as well.

Are these changes "substantial" enough?

Please. Any advice would be appreciated.
 
Sorry to say, but I don't see anything in your posts that would account for a substantial change in circumstance. The father has status quo on his side. His employment doesn't affect his parenting ability unless it lands him in jail.
 
I agree with the above poster. Does it say in your custodial papers that if either party takes the issue back to court that the matter will be based upon substantial change of circumstance or the best interest of child? I do not know your state laws but you have to prove why you want full custody is the best interest of your child. If you cannot the judge will keep the custody arrangements as is.

I understand your feelings. I have been fighting my ex for 7 years now and I FINALLY have all the evidence I need to change custody! Such as, his Child Abuse/Neglect papers from DCF, Denial of visitation emails between him and I, False child abuse allegations that his live in girlfriend done and was arrested for (she is my son's caretaker while ex is at work), Emails from ex trying to blackmail me re: visitation, Ex's perjury while he was involved in our son's dependency case, Police reports, and our son's school records.

If you would document everything, your next case will be properly prepared. I do not believe that the courts solely look upon "substantial changes" but what is best for child. If he neglects the child in any way, report it. If he denies you of your rights, document it. Finally consult with an attorney.

This is not legal advice
 
Thanks.

It is just so infuriating that I have to just sit here &wait for him to screw up while my daughter is being raised by her step mother & in constant fear of her father. Nothing is fair about this & the court system is so screwed up!

What happened to "under penalty of perjury"? It is a crime that means nothing in family court, even when you can prove it.

And how can they explain that someone can be engaging in criminal activity but it doesn't have any bearing unless he gets caught? Would it mean the same thing if I were to quit my legitimate job and become a prostitute or drug dealer it wouldn't be a detriment to my child's health & well being...well as long as I didn't get caught.

My (former) lawyer really screwed up my daughter's and my life & I have no recourse. My situation is maddening. The only good that can come of this situation is that my daughter is finding out sooner rather than later what kind of a person her father really is.

I am lied to, ignored, belittled & disparaged on a regular basis - to my daughter & to my face. Then the next moment I'm threatened & told that the only way that we can "work together for [daughter's] best interest" is when there is no negotiations. (Ya know that prisoner is much more compliant when we have him shackled to the wall).

I get to see my daughter 6-8 days a month & 4 weeks in the summer. My pain is unbearable almost every minute of every day.

I know I'm not a perfect person but I just can't seem to figure out what I did wrong. I can accept it even if I don't deserve it but there is nothing on earth that justifies my daughter's suffering.

I used to have faith in the truth, karma & the balance of good & evil - but I've been shaken to my core & I just don't know anymore.
 
The Judicial Systems at times are very bad.my mothers ex husband is a sever alcoholic and a abuser,my mother has won trial 2 times she has a protective order against him in effect.his trial is pending the family court judge wants to overturn a criminal protective order.never in my life have i ever seen these courts so bad.the judge wont let go of her case.she is no going back to court.
he has not paid child support in years.its a shame.my mother has gone threw many lawyers.all i can say is pray and file motions.
 
Thanks for the support.

Sometimes I feel so useless. My daughter doesn't understand why we just can't change things but she does, unfortunately, understand that she has to be very careful about what she says to her dad so as not to make him angry.

It breaks my heart & she has developed a problem with headaches & stomachaches. I try to do everything I can in order to make things good for her when she is with me but I also wonder if that may be making things worse.

In enrages me that my attorney, her father & the family courts have caused my daughter all this irreparable pain. All I wanted to do is protect her & I made it worse.
 
i feel your pain

just wanted to say i feel your pain. reading your words felt like i typed them myself as i am in the exact same situation as you are. i had my daughter in late 2004 and have been going through this mess since 2006. nothing good points to him except that he has all the money and i don't. i don't know what to do. we go back to court in October cause now he is trying to get child support. i cant even come up with the money for the lawyer or mediation. it is awful not waking to my beautiful daughter.i get her 8 nights a month and that's it. which is every other weekend and Wednesday's cause he plays pool at a bar. :mad:
 
needmydaughter,

It is kind of comforting knowing that I'm not alone - but also maddening that other Moms are going through this hell.

I wish I knew what to do to change things. I wish I could find a voice & the money to go back to court. This is sick & unjust! So many can see what the court can not but we & our children are forced to live with pain, anger & confusion. It effects every nook & cranny of our lives. We eat sleep & breath this pain.

It takes everything we have to leave these monsters & because the courts are too obtuse to recognize a sociopath, we are ordered to return to living under their tyranny.

When will this madness end & who is to be held responsible for shattering lives?!

needmydaughter - Maybe there is a way for us to exchange personal email addresses. Maybe we can help one another get through this?
 
The Judicial Systems at times are very bad.my mothers ex husband is a sever alcoholic and a abuser,my mother has won trial 2 times she has a protective order against him in effect.his trial is pending the family court judge wants to overturn a criminal protective order.never in my life have i ever seen these courts so bad.the judge wont let go of her case.she is no going back to court.
 
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