Ex's Crazy Accusations I need advice!! He wants children removed.

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Mooshyshoosh

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Some Facts:
I have had primary physical custody of our three children (ages 13, 10,8) for six years. He has custody every other weekend and every other Wednesday. This arrangement has worked well for the childrens school and social activities.

My Ex is a known abuser. To me, but not the children (physical) I have had PFA's and have a current no contact order. He has harrased me since the seperation, frequently walked in my home unnanounced, stalked me and spread vicious lies. He has verbally and physically abused me in front of the children. I filed no more PFA's and stopped calling the police. Frankly, I just cooperated because I did not feel like having my children see the police every time there was an exchange and he would threaten me and make harrasing phone calls. I was just tired.

I have been living with my Boyfriend for over a year and we plan to get married. We have recently moved into his house. I have my two boys with me, my daughter (13 years old) did not move. She went to stay with her Father in February after her and I had a fight. I can not get her to come back, and her Father will allow only limited communication with her. He is eating it up. He has warned me several times that there will be no other man around his children. Now that I am in a relationship the trouble has increased.

His girlfriend is acting as his paralegal and she is heading his whole custody case. They claim that my boyfriend mistreats my children. There are many times I know my kids are good for story telling for sympathy purposes(as they do when they come back from their father to me) I just chalk it up to kid talk. They maybe do not like me bieng with another man, but he is kind and respectful to them. Their Father has warned them to not respect him, encouraged them to mistreat them. I even found a whole note book full of things (written by my daughter) that they were going to do to get him to leave. I have had it! We are trying to run a household is all. With kids there every day, there are rules and consequences if they do not follow them, such as grounding. I think this is reasonable.

My boyfriend does not yell or discipline them. Now he will barely speak to them because of the problems and brain washing by my ex.

Here is a list of what the EX and his girlfriend are requesting:

Mother is unfit to continue as the parent in primary custody of the three minor children for the following reasons, to wit:
a. Mother currently lives with John Doe
b. Mr. Doe is currently subject to a Protection From Abuse Order issued by this Honorable Court at No. Said Order is for the protection of Mr. Doe's wife, and four children, after severe head trauma was inflicted upon Mrs. Doe
c. Mr. Doe's presence in the mother's household represents mother's bad judgment and disregard for the safety of her children.
d. Recently, mother moved into Mr. Doe's three-bedroom, house which has serious, unsafe structural deficiencies that represent a health hazard to the children.
e. When Mr. Doe's three children, protected in the said PFA Order are free to visit Mr. Doe after October 15, 2009, the house will be overcrowded and present additional unsafe and unhealthy living conditions for the minor children of the parties.
f. Mr. Doe is a recovering drug addict.
g. Mother, ME abuses alcohol.
h. The minor child has Bronchospasm, also known as Reactive Airway Disease and mother's smoking exacerbates the child's condition.
7. Father is gainfully employed and able to provide a safe, loving environment for his children.
8. It is in the best interest and welfare the three minor children of the parties to be in the primary custody of their father
WHEREFORE, defendant-father respectfully requests this Honorable Court to grant an Interim Order providing the following:
a. Immediate removal of the children from mother's residence;
b. Temporary physical custody of the three minor children in the father;
c. In the alternative, removal of John Doe from residence of the minor children;
d. Drug and alcohol testing of the mother, ME and John Doe;
e. Any other relief that the Court deems necessary and proper.

So, I am doing this myself(No money,No LAwyer). Any suggestions? The above are all false claims and can not be proven. My boyfriends PFA is only active because the mother is withholding children from him because she is nuts. Nothing claimed in the PFA was ever proven. I am a sound witness to his whereabouts day and night when she filed it, it was after his first legal visit with the kids was finally allowed. His custody is now bieng settled out of court.

We will both submit to drug tests anytime. My children have not been sick all year. They have not missed any school. The house is safe and has been inspected. I do not abuse alcohol, unless drinking a few beers when I don't have my children is abuse. I do not smoke around the kids. We are both gainfully employed (BF and I(same company for 15 years) and I am a college student. I am actually appaled at this. What would be my best chance to fight this? I am done playing now, and I want my daughter returned and for my EX to have only supervised visits until he finishes an anger management program.
 
With no attorney I can tell you, you are going to have a very hard time. Also you have almost no chance of getting supervised visits for Dad since you cannot prove anything and if the daughter is in his care now, it is going to be hard to get her back. You cannot ask for supervised visits solely out of spite. The PFA on your BFs do not look good and this sounds like a toxic situation for everyone involved. Honestly if you cannot get the kids to tell the truth then the courts are not going to believe you and staying with your boyfriend will complicate things. If I were you, ditch the boyfriend and focus on getting your kids back.
 
Thank You for the advice. I know my children, if talking to someone of authority would absolutely tell the truth. I really did not want it to come to that..but I guess we will see. My daughter..well she is 13. They buy her expensive things, take her everywhere, get her hair, nails done, bought her an i=phone. To say the least, she is getting everything she wants, things I could not provide with three children to take care of.

This case is not about my boyfriend or the best interest of the children. If it was ANY man, it would be the same thing. We have been divorced for 6 years and my ex-can not move on. The last time he found out I was dating someone, he stalked me and threatened to kill us both. I guess I really feel that this is about his control. I mean, he can have a girlfriend, whom I can't stand and I can't say a word.

I guess supervised visitation is pushing it...but I really feel that he is brainwashing and manipulating my children. He is illiterate, a white supremicist, an avid gun collector; he tells my children they are not allowed to speak to or have friends of another race. The things he calls me like c*nt, whore, slut...he does not hold back in front of the kids. I feel it is time for me to stop bieng so timid and cooperative and take a stand. I just really am at aloss as to how to do it.
 
The fact you had 3 kids with an illiterate white supremacist is totally fascinating to me. You apparantly thought he was good enough to father your 3 kids. Geez. That sounds totally ridiculous.
 
Your ex sounds very intimidating to you. But it seems like the boyfriend may be the same type of personality if he has a PFA order on him. The order wouldn't have come out of no where and had to be based on something. I think you need to become more proactive and self-assured.

As far as legal advice, these are serious allegations. I would get rid of the boyfriend and take him out of the equation. It seems that the ex is the factor that is at the middle of his allegations. Removing him from the picture would DEFINITELY make your case easier without a lawyer. And wheter or not it's your boyfriend or any man...not every man has a PFA.
 
Here's the deal. I was very young when I met my ex and young when we had our first child together. I was ashamed and trapped and felt marraige and family were important. At that point, I thought he was half-heartedly kidding about the racism and all the other signs that I should have noticed. I just stayed because I thought I could fix him, and in some ways I considered him a decent person that just needed help, or a different perspective. Long story short, I did not ask anyone to berate me for having married my ex in the first place, I do that enough to myself. Everything is not always black and white, and that is not what I was looking for advice on.

My boyfriend and I have a home together and a shared life together. I do not think it is fair for anyone to say, it is your boyfriend or your kids?!? I love them all. He is a great person that has been at the hands of an ex-wife who knew full well how to work the legal system to her benefit by playing victim. SHe even fabricated an e-mail and took it to the DA and no one ever questioned or investigated her, they just arrested him for violating this big farce of a PFA. ANyways, he is not abusive to me, we have no domestics together, he is not abusive to my children in any way. He will never abuse any of us.

Where is the line drawn? Do I need to be alone for the rest of my life because my ex wants to be? What about his girlfriend and her morals and the way I don't care for her? Is it assumed that when you have been divorced for over 6 years that you should never have another relationship? I have not brought any other men into their lives. I wanted to be sure it was long term, and commited before i did that. SO I go to court and say, you know what? Ex, you are right. I am leaving my boyfriend because you want me to and you continue to have control over my life, still after six years. That is what I should do then?
 
But if you had to make a choice, you should choose your kid. Sometimes you cannot love them all equally and you should ALWAYS love your kids more. So realize that if keeping this boyfriend is going to risk you not having your kids, that is a huge risk to take. I for one would not do it. I would never choose a man over my children. You have some important decisions ahead of you.
 
I understand your frustration. But you've been a little vague about the Protection Order against your boyfriend...just that things were fabricated. What I'm saying is...whether or not your boyfriend has been abusive to you is secondary to the fact that he has a this PFA. That doesn't necessarily bode well for your case. I understand that you've made a life with him. If you think your ex's girlfriend is a danger to the kids then that's something else that should be brought up in the courts. So if it came down to having your kids with you or keeping your boyfriend, what would you do? It's a tough decision, and even though we made it so cut and dry, everyone knows it isn't. I would say to see what you could do at the self-help office at the courthouse if you have one. Good Luck.
 
I understand that if legally it came down to it and I had to choose, I would choose my children. My boyfriend has been through a hellish divorce. His ex has used the PFA to keep his children from him for over a year. He has done everything she has requested, including attending the family program weekly and yet she will not drop the PFA. In the above referenced PFA, she states that when he dropped off his kids he threatened her. She claims he sent her over 100 text messages and called 50 times. SHe claims the children were returned with injuries and that we had left them alone, outside at night with no coats and no shoes. Bull. I was there and none of this transpired. He has not even had a chance to defend his honor. She has been in constant contempt for violating the visitation, not making the children available. It is purely her way of keeping the kids from him. He has always paid child support, and a crap load of alimony and still she violates his parental rights. Anyways..he is in no way dangerous and has no serious criminal history or jail time, besides her stupid PFA.

What about me and my no contact order against my ex? Yes, I dropped the PFA, but I am more fearful of him than I will ever be of my boyfriend.

So, I ditch my boyfriend, sell the house and split the belongings. My ex is happy. I meet someone else 5 years down the road and he starts this all over. It is lose,lose. He has a double standard. He has been with his girlfriend since we were separated 6 years ago.

I give up.
 
I really don't think it is fair to question her about 'why she got involved with this guy in the first place'.

I had a great relationship with my father. My past relationships were with relatively;) sane men (I'm married to a gem of a human being!). I didn't know that I would become involved & have a child with a Narcissistic Sociopath. Why didn't I see it? Because he is a Narcissistic Sociopath!! They are charming liars & insidious abusers.

I didn't know I was being abused until after I left him! I thought I was the crazy one! Gaslighting, anyone? They are very, very good at hiding their true selves.

I willing to bet that, like me, Mooshyshoosh has fought & continues to fight with the guilt. Feeling that this bad choice has caused so much pain & suffering for her family & friends.

Please keep to the issues at hand & rest assured that she suffers a punishment that far outweighs the sin.

Fugitive
 
I really don't think it is fair to question her about 'why she got involved with this guy in the first place'.

I had a great relationship with my father. My past relationships were with relatively;) sane men (I'm married to a gem of a human being!). I didn't know that I would become involved & have a child with a Narcissistic Sociopath. Why didn't I see it? Because he is a Narcissistic Sociopath!! They are charming liars & insidious abusers.

I didn't know I was being abused until after I left him! I thought I was the crazy one! Gaslighting, anyone? They are very, very good at hiding their true selves.

I willing to bet that, like me, Mooshyshoosh has fought & continues to fight with the guilt. Feeling that this bad choice has caused so much pain & suffering for her family & friends.

Please keep to the issues at hand & rest assured that she suffers a punishment that far outweighs the sin.

Fugitive


Ya know...People come here for legal advice. If they can't deal with the OBVIOUS questions, that any judge/attorney/magistrate will ask, here...How on earth will they be able to "cope" in court?
 
Ahhh..well in a perfect world, we would marry and have children with the perfect spouse and live blissfully for eternity on a fluffy marshmallow cloud walking hand and hand with our spouse as we watch our children's pigtails flap in the gentle breeze.

Bull. If that were the case no one would need a custody forum.

In a conciliation I am sure I will be asked why I married my ex in the first place, because that matters after the fact when you are fighting desperately to keep your children. I have been through conciliation and mediation before and not once has anyone asked me "What the hell were you thinking, you stupid eighteen year old for marrying and having children with this degenerate"?

We have a conciliation on the 18th of June. I have spoken to his lawyer. I have all of my childrens school records, doctor records, grades, a copy of my boyfriends PFA, a home inspection paper, character references, a copy of my ex's pfa and his police records, police records from my previous home when he would cordially visit and walk in unnanounced just to punch me in front of my children. I have a statement from the school counselor that states my children are well behaved, socially accepted and have adjusted well.

Yesterday, I spoke to my daughter. I told her she needed to show some respect and answer my calls. i told her she would be staying with her grandfather on certain days this summer and that her little facade was ending. I told her she will come to see me and that with or without my custody papers, she was coming to visit.

She cried the entire time. She was with me for about an hour and all she wanted to do was call her daddy to come rescue her. I am at my wits end. I was not and will never try and hurt my daughter. I am simply trying to give her guidance. I had the whole clan at his Mothers house intterogating me, saying my daughter was afraid of me and she was not going. It was me against the entire brood and I was waiting for the clan leader to come and shoot me. My 13 year old daughter is the most affected by her Father's way of hurting me and alienating me from her life. I fear she is way too far gone for me to ever save her and at this point I have no choice but to let her go. He has been waiting for this forever. He loves her, but the show she put on for him..well she should have won an oscar. I feel through his passive abuse, he has turned her against me. I am so angry...at him and with her for not bieng the respectful child I know and raised.

I do not think I can take the stress of yet another custody threat, conciliation and court hearing. I have never kept their Father from them. Ever, for any reason. He is using this as a tool to get to me.

My daughter has gained about 30 pounds, has no friends, because he will not allow her to do normal teenage things such as go to the pool or the mall with her friends. He will not allow her to go to the camp I registered and paid for, because there might be black people there or a child molester. I just fear if I let him raise her, that my brilliant, beautiful, talented daughter will never grow, or make anything of her life. His family NEVER leaves their home town. For God sakes he won't let me take my children to the city for any cultural events because he is such a racist redneck. She will live her entire life on the little street where his entire extended family lives and never be allowed to spread her wings. College? Are you kidding me? My daughter is genius and her Father will never even consider any of his kids going away to school. Blah.

Am I now fighting a losing battle? She hates me. She genuinly does not want anything to do with me. Do I just let her go?

My boys will never go anywhere. They love me more than anything and have made it clear that they always want to be with me.
 
Here are the issues at hand that you need to consider/track.

1) Just because you "hate" your ex's girlfriend does not justify a change of custody back to your favor.

(2) If you say your ex has made false allegations on you, then clarify each allegation separately in a notebook. Address these allegations with your ex in a mediation conference with a witness.

(3) Get your current boyfriends certificate of completion of counceling. Have character witnesses of your boyfriend (who are not related to him) that have witnessed him and his children together.

(4) You must provide time schedules of your children. Show cause of why you are a fit parent. Does your children participate in sports or extra-curricular activities outside of the home? Then prove it.

(5) What is your home stability? Have you had men in and out of the home prior to the current boyfriend? Do your children witness affection between you and other partners that you may have had? That wouldn't be good if so.

(6) You ability to provide a safe environment is the key to custody. (Of course not the only factor)....That is what the others on this board are trying to tell you. If the court has knowledge of your current boyfriends past offense they will not see that your living together as a safe environment until HE is proven to be "fit" to society. Probally the only way to do that is when another court rules he is a "decent" person and a fit parent.

(7) Journal Journal and Journal--I cannot stress this enough. Have EVIDENCE of your ex telling your children to NOT have other races as friends--your word against his doesn't amount to a hill of beans if you don't have actual proof. Is he involved with the KKK or any organization like that? Then you must show proof...video tape, pictures etc.

(8) How are the children coping in school? What are their grades? _Yes it is important.

(9) Does he constantly harrass you? If so, always keep a ta[pe recorder and if your state allows it then tape his conversation with you....BUT, you MUST let him know that he is being recorder before the conversation.

(10) Have another gaurdian Ad Litem visit your homes. Talk with them about your history...Have your family members present as well a long with your boyfriend and his family members....So your TRUE character with the kids. Make sure you have a clean, organized plenty of food environment. Yes it is expensive but the judge usually orders the cost to be split between you and the ex.

(11) Smoking is not good for kids...Whether you smoke around them or not. The judge will always assume that you do. So QUIT!! Not only for your kids but for you as well.

(12) Alcohol....Well, it is not to grand to keep it in your home. A child will have access to it....(Again, look at the situation as a judge would.)

Do you keep a savings account for your children and their future? If not then start. Even if you put a minimum of $10.00 a week in it. That way you can show that you plan for their future.

I hope my suggestions help.

I have been fighting my ex for 8 years now...I have learned these secrets to help with my case and I hope you can use them. Remember---DOCUMENT EVERYTHING!
 
Thank You for reading and responding. These are all valid points that I have considered. I have documented many things throughout the years and continue to do so.

I do not care for my Ex's girlfriend as she has consitantly slandered me. I have never said I have a choice in the matter either.

I have never lived with another man. I have dated very few men. I have never brought any men around my children except for family friends. We are planning on marrying and yes, we are loving and respectful to each other, but also discreet.

My current boyfriend has his satifactory completion for the family program. Even though his court order is over, he continues to go to Family program.

What would be the difference of having their Father with a history of physical violence and my boyfriend who is charged ion his PFA with sending text messages? Is it not rational to think that we would have already had domestic disputes, or would be consistantly violent and arguing?

I have all of the childrens school attendence records, which are pretty close to perfect. They all have straight A's, no drop in grades, they have always had straight A's. I also have all of their doctors records, immunizations and what their sick visits were for. They have rarely been ill.

I guess in court then, my claims of racism and dispicable character would be just as invalid as his claims about me if neither of us has solid proof?

I rarely have alcohol in my home. I never drink during the week and barely if my kids are around and I absolutely never drive.

I am in a work sponsored smoking cessation program. I have not been successful yet.

My home is clean, orderly and well stocked with healthy foods at all times. I cook every night, whole foods and nutritious meals. No joke.

I have not been successful in recording anything because he hangs up. I do however have witnesses to his threats as I have put him on speaker in front of friends and family so they could hear what he was saying.

My Mother and I have a savings account for all of my children. I also have one for them through my work program.



The thing I wonder, is what is my best approach here? I have always tried to keep the peace regardless. I really can not say he does not love his children, but I see absolutely no reason that his home and parenting skills are more "fit" than mine. Do I concentrate on his history of manipulation and violence(as I have past PFA and plentry of domestic police reports?) I have never threatened to remove the kids from his care. Do I need a witness at the conciliation? If so, will the court allow? I thought it was just me, his lawyer and a judge?

I am feeling a little better with everyone's suggestions. Thank You for taking time...
 
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